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YOUNG CITIZEN 3 MANUAL. 



A TEXT-BOOK OX GOVERNMENT, 






It. v. JOSEPH v.LL.D., 



NEW \o 
SHELDON AND OU-MPANY; 
1867. 



5 LIBRARY OF CONGRESS. I 

♦UNITED STA: ^MEKipA.J 



THE 



YOUNG CITIZEN'S MANUAL. 



A TEXT-BOOK ON GOVERNMENT, 



COMMON SCHOOLS. 



Rev. JOSEPH ALDEN, D.D.,LL.D., 

PRESIDENT OF THE STATE NORMAL SCHOOL, ALBANY, N.T., AUTHOR OP 

" ELEMENTS OF INTELLECTUAL PHILOSOPHT," " THE SCIENCE 

OF GOVERNMENT," " CHRISTIAN ETHICS," ETC. 






C- NEW YORK: 

SHELDON AND COMPANY. 

1867. 
V 



Entered, according to Act of Congress, in the year 1867, by 

JOSEPH ALDEN, 

In the Clerk's Office of the District Court of the United States for the 
Northern District of New York. 









^ 



DR. AIDEN'S BOOKS ON GOVERNMENT 

ARE 

THE YOUNG CITIZEN'S MANUAL: 

A Text-Book for Common Schools. One volume, 12mo, 
half bd. Price 50 cts. 

THE SCIENCE OF GOVERNMENT 

IN CONNECTION WITH AMERICAN INSTITUTIONS. A Text- 

Book for High Schools, Academies, and Colleges. One 
volume, 12mo. Price $1.50. 



STEREOTYPED AT THE 

BOSTON STEREOTYPE FOUNDRY, 

No. 4 Spring Lane. 



PKEFACE 



The publishers of the "Science of Government in connec- 
tion with American Institutions,* — a work designed for Col- 
leges and High Schools, — have received abundant assurances, 
from various parts of the country, that the general introduction 
of the study of the science of government into common schools 
would follow the appearance of a text-book adapted to the 
wants and circumstances of common school teachers. The 
author was thus led to consult a number of intelligent and 
experienced teachers. Having possessed himself of their 
views, which met his full approbation, he prepared a work, 
and submitted it to an able and successful teacher, who care- 
fully revised every part of it, and made many valuable sug- 
gestions. The work was then wholly re-written, and is now 
given to the public with the hope that it will meet the appro- 
bation of common school teachers, and aid them in doing a 
work which no other class of men can do — that of preparing 
the masses for intelligently exercising their rights as citizens 
of the Eepublic. 

The teacher who may use this little volume will find its 
topics more fully treated in the " Science of Government," 

above mentioned, 

J. A. 
(3) 



CONTENTS. 



Chapteb Yaok 

I. Origin of Civil Society and Government 7 

II. Monarchy. — Aristocracy. — Republic. — Liberty 

and Law 10 

III. Despotism. — Free Government. — Right and Duty 

of Self-government 13 

IV. Colonial Governments 15 

V. The Confederation 18 

VI. Formation and Adoption of the Constitution. . . 21 

VII. The Nature of the Constitution . . 28 

VIII. Division of Powers.— Congress.— House of Repre- 
sentatives 30 

IX. The Senate 35 

X. Meetings of Congress. — Privileges of Members. 38 

XI. Mode of passing Laws 42 

XII. Powers of Congress 46 

XIII. Powers of Congress, continued 50 

XIV. Prohibitions on the United States 55 

XV. Prohibitions on the States 59 

XVI. The Executive Department. — Election of the 

President and Vice-president 63 

XVII. Election of President and Vice-president, con- 
tinued 66 

XVIII. Duties of the President 69 

XIX. The Judicial Department 75 

XX. Judicial Department, continued 78 

(5) 



O CONTENTS. 

XXI. Treason. — Fugitives from Justice. — Admission 

of New States 80 

XXII. Mode of making Amendments. — Supremacy of 

the Constitution 83 

XXIII. Amendments to the Constitution 88 

XXIV. Constitutions of the States 93 

XXV. The English Constitution 98 

XXVI. The English Executive 102 

XXVII. The English Judiciary 104 

XXVIII. International Law 107 

XXIX. Different Kinds of Law 113 

The Constitution of the United States 119 






THE 

YOUNG CITIZEN'S MANUAL. 



CHAPTER I. 

ORIGIN OF CIVIL SOCIETY AND GOVERNMENT. 

1. Why do men live together in society? 
Because God made them to live together in society. 

2. How does that appear? 

God has given to men a social nature, which ren- 
ders society necessary to their happiness and im- 
provement. 

3. If a man is willing to forego the advantages 
of society ', may he not cease to be a member of it ? 

He has no right to forego the advantages of 
society. 

4. How does that appear ? 

God designed that he should live in society and 
enjoy its benefits, and he has no right to act con- 
trary to that design. 

5. What is necessary in order that men may live 
together in peace in society ? 

There must be good laws obeyed and enforced. 

(7) 



8 THE YOUNG CITIZEN S MANUAL, 

6. Why are laws necessary ? 

They are necessary to restrain men from inter- 
fering with one another's rights. 

7. Sow does this appear ? 

Experience has shown that some men are disposed 
to act unjustly, and hence need to be restrained 
by law. 

8. Who makes and executes the laws ? 
The government. 

9. Who make the government ? 
The people. 

10. May the people make just such a government 
as they choose? 

They may, provided it is adapted to secure justice 
and the public prosperity. 

1 1 . What power does the government possess f 
The power conferred upon it by the people. 

12. Can the people authorize the government to 
act unjustly f 

They cannot. Justice is the fundamental law 
which both the people and the government are un- 
der obligation to obey. 

13. What is the instrument by which the people 
determine the form and define the powers of gov- 
ernment ? 

The Constitution. 

14. Who make the laws ? 
The legislature. 

15. What is the legislature? 

A body of men chosen by the people to make 
laws. 



OR TEXT-BOOK ON GOVERNMENT. 



9 



16. What is the difference beticeen the Constitu- 
tion and the laws made by the legislature 9 

The Constitution is the higher law, to which all 
the laws enacted by the legislature must be con- 
formed. 

17. Is there any higher law than t/ie Constitution? 
The Constitution is the highest human law; but 

the law of God is the highest of all laws. 

18. May not the people who make the Constitution 
disobey it if they please f 

The people, as well as the government, are under 
obligation to obey the Constitution. 

19. May the people change the Constitution f 
They may change it in the way pointed out by 

the Constitution. 

20. How does it appear that it is Qod^s will that 
the people should have government f 

It appears from the fact that government is neces- 
sary to the existence of society and the well-being 
of men, and from the Bible. 

21. What does the Bible say on the subject ? 

" The powers that be are ordained of God;" which 
is the same as saying, " Government is ordained of 
God." 

22. What does the Bible say respecting magis- 
trates ? 

It commands us " to obey magistrates." 

23. Suppose their commands come in conflict 
with the law of God? 

Then "we ought to obey God rather than men." — 
Acts 5 : 29. 



10 THE YOUNG CITIZEN'S MANUAL, 

24. Is it ever right to resist the government ? 
It is sometimes right to resort to revolution. 

25. What is meant by the right of revolution? 
The right to overthrow the government by force, 

and establish another in its place. 

26. When may the right of revolution be resorted to ? 
When the oppression is very great, and the pros- 
pect of success good. 



CHAPTER II. 

MONARCHY. ARISTOCRACY. REPUBLIC. LIBERTY 

AND LAW. 

1. Who determine the form of the government? 
The people. 

2. What are the three forms of government? 
Monarchy, aristocracy, and republic. 

3. What is a monarchy? 

A monarchy is a government by a single person.* 

4. What is an absolute monarchy ? 

One in which all the powers of the government 
are possessed by the monarch. 

5. What is a limited monarchy? 

One in which the power of the monarch is limited 
by the Constitution and laws. 



* " The titles of the different monarchs of Europe are, 
Emperor, Czar, or Sultan, the ruler of an empire ; King or 
Queen, of a kingdom ; Prince, of a principality ; Grand Duke, 
of a grand duchy ; Duke, of a duchy ; and Pope, of the pope- 
dom." — Worcester. 



OK TEXT-BOOK ON GOVERNMENT. 11 

6. What is an hereditary monarchy? 

One in which the oldest surviving son or nearest 
heir succeeds to the crown on the death of the 
monarch. 

7. What is an elective monarchy? 

One in which the monarch is elected by the peo- 
ple, or by some portion of them. 

8. What is an aristocracy? 

Aristocracy "is a form of government which 
places the supreme power in the nobles, or the prin- 
cipal persons of the state." 

9. What may be said of this form of government ? 
It is the worst form. 

10. What is a republic ? 

A republic is that form of government in which 
the power of the state is exercised by agents chosen 
by the people. 

11. What is a democracy? 
Democracy is a government by the people. 

12. What is a pure democracy? 

One in which the power of the state is exercised 
directly by the people. 

13. What is a representative democracy? 

A representative democracy does not differ from a 
republic. 

14. Are the three forms of government — mon- 
archy, aristocracy, and republic — always kept 



They are not. The three forms are blended in 
the English government. 

15. What is the best form of government? 

That which is the best adapted to promote justice 
and the public prosperity. 



12 THE YOUNG CITIZEN'S, MANUAL, 

16. What should determine the form of a nation! $ 
government ? 

The character and circumstances of the people. 

17. For what nations is a republic the best form ? 
Those in which the people are intelligent and moral. 

18. Why are representatives chosen ? 

Because all the people of a nation cannot meet 
together, and make laws. 

19. For what other reason ? 

Because men selected on account of their wisdom 
are best qualified to make laws. 

20. To whom are the representatives responsible ? 
To the people and to God. 

21. Do wise and just laws interfere with liberty? 
They do not. Civil liberty is the result of law. 

22. What can men reasonably claim ? 

liberty to do right, and protection against wrong. 

23. Do laws which restrain a man from doing 
wrong infringe on his liberty? 

They do not ; for he has no right to do wrong. 

24. What would perfectly wise laws require ? 
They would require men to do what is just. 

25. What would they prohibit ? 
Everything unjust. 

26'. What would be the result of perfectly wise 
laws faithfully executed f 

Every one would be at liberty to do right, and 
would be secure from wrong. 

27. If one was free to do right, and secure against 
wrong, what would he have ? 
Perfect liberty. 



OR TEXT-BOOK ON GOVERNMENT. 13 

28. What, then, is the relation between liberty and 
law? 

The perfection of law would secure the perfection 
of liberty. 



CHAPTER III. 

DESPOTISM. — FREE GOVERNMENT. — RIGHT AND 
DUTY OF SELF-GOVERNMENT. 

1. What is a despotic government f 

A government in which the rulers exercise irre- 
sponsible power. 

2. May a republican government be despotic ? 
Those intrusted with power by the people may, 

for a time, use that power in a despotic manner. 

3. What is the remedy in such a case f 

The remedy is found in the ballot-box. Other 
men must be elected to wield the powers of govern- 
ment. 

4. What is a military despotism f 
Government by a military despot whose will is the 

sole law. 

5. What is a free government f 

A government of laws securing liberty. 

6. May not an absolute despot make wise and just 

9 



He may. 

7. Would not such laws secure liberty? 
They would for the time being ; but there would 
be no security for their continuance. 



14 THE YOUNG CITIZEN'S MANUAL, 

8. Why would there be no security ? 

Because they would depend upon the will of one 
man, whose will might change at any moment. 

9. Is government by the people necessarily a free 
government ? 

Not necessarily; for the people, or a majority of 
them, may construct a government which will not 
secure liberty. 

10. Have the people a right to govern themselves? 
It is both their right and duty to govern them- 
selves wisely and righteously. 

11. How have governments often originated? 

In fraud and force, and not in the consent of the 
people governed. 

12. Jlay such governments become legitimate? 
They may. 

13. How may they become legitimate ? 

Only by becoming good governments, and re- 
ceiving either the express or the tacit consent of the 
people. 

14. What do you mean by a legitimate government? 
A lawful government. 

15. Jlay it be the duty of a people to obey a mili- 
tary despot ? 

It may be the duty of a people to obey a despot 
for a time. 

16. How does that appear ? 

Christ taught the duty of obedience to Caesar, who 
was a military despot. 

17. On what ground may it be our duty to obey a 
m Hilary despot ? 

On the ground that any government is better than 
anarchy, or lawlessness. 



OK TEXT-BOOK ON GOVERNMENT. 15 

18. How long may it be the duty of a people to 
obey a military despot f 

Till they can overthrow his government, and es- 
tablish a better one in its place. 

19. What is meant by the divine right of kings? 
The claim put forth by some monarchs that they 

received their power directly from God, and not 
from the people. 

20. What doctrine was founded upon this claim ? 
The doctrine of passive obedience and non-resist- 
ance. 

21. What did that doctrine teach ? 

It taught that implicit, unquestioning obedience 
should be given to the government, and that no resist- 
ance should be made even to the most oppressive acts. 

22. Are the people infallible in matters of govern- 
ment f 

No individual is infallible ; hence no collection of 
individuals is infallible. 

23. Can an ignorant and vicious people establish 
and maintain a free government ? 

Reason and experience show that they cannot. 
.24. What are the greatest safeguards of freedom? 
Intelligence and morality on the part of the people. 



CHAPTER IV. 

COLONIAL GOVERNMENTS. 

1. When did the Pilgrims land at Plymouth ? 
December 22, 1620. 

2. In what ship did they cross the ocean ? 
The May Flower. 



16 the TorxG cmznrt 

•: . L - •-: '■_ : \ ' ;: *\* 31: . F':~-;\ ::::: ;: ■■•;:■■■< ■ : \ 
, it ■ 

They drew up and signed a compact binding 
themselves to obey the laws which should be made 
by the majority. 

4. What officers did they choose f 
A governor and an assistant 

5. Who made the laws ? 
The people of the colony. 

6. H 

Until 1639 — nineteen years. 

7. What change then took place t 

The settlements had become so widely extended 
that it was inconvenient for the people to assemble 
and make I 

8. What measures were then taken f 

The people elected representatives to meet and 
make laws for them. 

1 
the first legislative assembly in America ? 

Xo ; the first representative legislature sat in Vir- 
ginia in 1619.* 

10. In what respect were the governments of aU 
the colonies similar* 

:h colony had a governor, a council constituting 
the upper house of the legislature, and represent ■:.: 
chosen by the people, constituting the lower house. 

* Previous to 1619, the people of Virginia had been gov- 
erned by a governor and council appointed by the king of 
Great Britain. The people then claimed the right, as British 
subjects, to be represented in the government. Sir George 
Yeardley. the governor, permitted the various plantations to 
elect representatives, who formed the lower house of the legis- 
lature, the council forming the upper house. 



OK TEXT-BOOK ON GOVERNMENT. 17 

11. How were the governors appointed t 

In most of the colonies, they were appointed by 
the king. 

12. What powers had the colonial legislatures ? 
They had power to make laws for their respective 

colonies, provided the laws made were not contrary 
to the laws of Great Britain. 

13. What poicer had the governors ? 

They had power to veto any and every act of the 
legislatures ; that is, to prevent the act from becom- 
ing a law. 

14. What powers had the governor and council 
acting together ? 

They had power to establish courts and appoint 
judges, to raise troops and proclaim martial law in 
cases of invasion or rebellion. 

15. Mad the colonists much liberty f 

They had the forms of liberty,without the substance. 

16. Who possessed the political power ? 

All real power was possessed by the king, or by 
those holding office at his will. 

17. Were the colonies united under one general 
government ? 

They were united only in a common relation to 
the crown and to the mother country. 

18. On what ground did the colonists claim that 
they should not be taxed without their consent ? 

On the ground that they were entitled to all the priv- 
ileges of Englishmen, especially that of representation. 

19. What led to the revolution ? 

The attempt of the Parliament of Great Britain to 
raise a revenue in the colonies while denying them 
representation in Parliament. 
2 



18 THE YOUNG CITIZENS MANUAL, 

20. What act of Parliament was passed for that 
purpose f 

The Stamp Act, which required the colonists to 
use stamped paper for all legal documents. 

21. What state took the lead in opposition to the 
measures of the British government f 

Massachusetts recommended that a Congress of 
deputies from all the colonies should assemble to de- 
liberate on the state of affairs. 

22. When and where did this Congress meet f 
In Philadelphia, September 4, 1774. 

23. How were the delegates to this Congress ap- 



In some colonies by the lower branches of the 
legislatures, and in others by conventions of the 
people held for that purpose. 

24. When and where did the second Congress meet f 
In May, 1775, in Philadelphia. 

25. What were some of the acts of this Congress f 
They appointed George Washington commander- 
in-chief of the troops of the colonies, and declared 
independence July 4, 1776. 



CHAPTER V. 

THE CONFEDERATION. 

1. When did Congress appoint a committee to 
prepare Articles of Union between the states f 

On the 11th of June, 1776, the same day on which 
they appointed a committee to prepare the Declara- 
tion of Independence. 



OR TEXT-BOOK ON GOVERNMENT, 19 

2. What were the Articles thus prepared by Con- 
gress called? 

Articles of Confederation and of Perpetual Union 
between the States. 

3. When were they adopted by Congress f 
November, 1777. 

4. When were the Articles to become binding on the 
states ? 

When adopted by the legislatures of all the states. 

5. When did they become binding? 

In March, 1781, nearly five years after the declara- 
tion of independence. 

6. Were the states separate, independent states up 
to that time? 

They were ; but Congress had by general consent 
assumed the powers of a government for the United 
States. 

7. What has that government been called? 
The revolutionary government. 

8. What was the government established by the 
"Articles" called? 

The government of the Confederation. 

9. Where were the powers of this government 
vested? 

In Congress. 

10. Of how many Houses did Congress consist? 
It consisted of one House. 

11. How were the members appointed? 
By the legislatures of the states. 

12. How many delegates could each state send? 
No state could send less than two nor more than 

seven. 



20 THE YOUNG CITIZEN'S MANUAL, 

13. For what length of time were the delegates 
appointed? 

For one year ; but each state could recall its dele- 
gates at any time, and send others in their stead. 

14. How was the voting done in Congress ? 
Each state had one vote, which was determined by 

a majority of its delegates. 

15. What were some of the powers of Congress? 
Congress had power to declare war and make 

peace ; to coin money ; to regulate the standard of 
weights and measures; to establish post-offices; to 
borrow money on the credit of the United States, 
and to emit bills of credit; to ascertain the amount 
of money needed by the United States, and to ap- 
portion the same among the states; to agree upon 
the number of the land forces, and apportion them 
among the states ; to build and equip a navy ; and to 
appoint one of their number to preside in Congress. 

16. What was the presiding officer called? 
The President of Congress. 

17. Was there any President of the United States 
with powers similar to those the President now has ? 

No. 

18. Had Congress power to lay and collect taxes ? 
It had not. 

19. Had Congress power to regulate commerce 
with foreign nations ? 

It had not. 

20. How were all important matters determined? 
By the consent of nine states. 

21. How many states were there at that time ? 
Thirteen. 



OR TEXT-BOOK ON GOVERNMENT. 21 

22. Had Congress power to establish a national 
judiciary? 

It had not. 

23. What courts could it establish ? 

Courts for " receiving and determining finally ap- 
peals in all cases of captures." 

24. What was the great defect of the government 
of the Confederation? 

Its want of power.* 

25. Towards what were things tending ? 
Towards a state which threatened to place the 

people in a worse condition than. they were in before 
the revolution.f 



CHAPTER VI. 

FORMATION AND ADOPTION OP THE CONSTITUTION. 

1. What measures were taken to remedy the de- 
fects of the Confederation? 

A Convention was called for that purpose. 

2. Who recommended the calling of a Convention ? 
Congress. 

* " The Confederation," said Washington, " seems to me 
to be little more than a shadow without the substance, and 
Congress a nugatory body, their ordinances being little at- 
tended to." 

t "Washington, in view of the state of things, wrote that it 
might be " a subject of regret that so much blood and treasure 
have been lavished to no purpose, that so many sufferings have 
been encountered without compensation, and that so many 
sacrifices have been made in vain." 



22 THE YOUNG CITIZEN'S MANUAL, 

3. Who were especially influential in bringing 
about that event? 

James Madison and Alexander Hamilton. 

4. How were the delegates to the Convention ap- 
pointed? 

By the legislatures of the states. 

5. Did all the states send delegates ? 
All except Rhode Island. 

6. What was the Convention called? 
The Federal Convention. 

7. Where and when did it meet ? 
In Philadelphia, May 5, 1787. 

8. Who was chosen President of the Convention ? 
George Washington. 

9. What was one of the rules of the Convention ? 
That the proceedings of the Convention should be 

kept secret. 

10. How did those proceedings become known? 
Mr. Madison made a daily record of them, and 

after his death that record was published by order 
of Congress. 

11. What was the Convention expected to do? 
To revise and amend the Articles of Confederation. 

12. Of what was a majority of the Convention 
soon convinced? 

That something more than a revision and amend- 
ment of the Articles was needed. 

13. What was the first resolution adopted by the 
Convention? 

" Resolved, that a national government ought to be 
established, with a supreme legislative, executive, 
and judiciary." 



OR TEXT-BOOK ON GOVERNMENT. 23 

14. Were all the members of the Convention in 
favor of that resolution ? 

There were some who insisted that they were ap- 
pointed to amend the Articles of Confederation, and 
that they had no right to proceed to form a national 
government. 

15. Was the question of abandoning the Confed- 
eration, or league of the states, and of forming a 
national government for the United States, brought 
distinctly before the Convention ? 

It was. 

16. How did the states, by their delegates, vote on 
that question? 

Massachusetts, Connecticut, Pennsylvania, Vir- 
ginia, North Carolina, South Carolina, and Georgia 
— seven states — voted for the national plan. 

17. What states voted for the league plan? 
New York, New Jersey, and Delaware — three 

states. The vote of Maryland was divided. 

18. What did the Convention then proceed to do? 
To form the Constitution. 

19. Was the formation of the Constitution a dif- 
ficult work ? 

It was a work of so great difficulty that Washing- 
ton wrote to a friend, " I almost despair of seeing a 
favorable issue to the proceedings of the Convention, 
and I do therefore regret that I have had any agency 
in the business." 

20. What was done with the Constitution when 
finished by the Convention ? 

It was published and laid before Conventions 
called by the legislatures of the states to adopt or to 
reject it. 



24 THE YOUNG CITIZENS MANUAL, 

21. Who were prominent among the writers in 
favor of the Constitution ? 

Alexander Hamilton, James Madison, and John 
Jay. 

22. What is the work written by them called f 
The Federalist. 

23. What were the friends of the Constitution 
called? 

Federalists. 

24. What were its opponents called? 
Anti-Federalists. 

25. How was the Constitution adopted? 
By state conventions. 

26. What states adopted the Constitution unani' 
mously ? 

Delaware, New Jersey, and Georgia. 

27. What states adopted it by large majorities ? 
Pennsylvania, Maryland, and South Carolina. 

28. What states adopted it by small majorities? 
Massachusetts, New York, and Virginia. 

29. What state rejected it ? 
North Carolina. 

30. What state did not call a Convention to con- 
sider it ? 

Rhode Island. 

31. Sow many states were required to ratify the 
Constitution before it could go into operation? 

Nine states. 

^2. What was done by Congress when eleven states 
had ratified it ? 

On the 13th of September, 1788, Congress ap- 
pointed the first Wednesday of January, 1789, for 



OR TEXT-BOOK ON GOVERNMENT. 25 

the choice of electors for President, and the first 
Wednesday of March following for commencing pro- 
ceedings under the new Constitution. 

33. Who were elected President and Vice-Presi- 
dent? 

George Washington and John Adams. 

34. When and where did the first Congress under 

the Constitution meet ? 

On the 4th of March, 1789, in New York. 

35. When were the votes for President counted? 
On the 6th of April. 

36. Why were they not counted sooner? 
Because a quorum of both houses of Congress did 

not assemble till that time. 

37. When was Washington sworn into office ? 
• On the 30th of April, 1789. 

38. Who were members of his Cabinet? 

Thomas Jefferson was Secretary of State, Alexan- 
der Hamilton, Secretary of the Treasury, Henry 
Knox, Secretary of War, and Edmund Randolph, 
Attorney-General. 

39. Did the Constitution go into full operation 
when Washington was sworn into office ? 

It did not,' because Congress had first to pass laws 
organizing the different departments. 

40. Did all the officers of the Confederation cease 
to act on the 4th of March, 1789? 

They did not, but continued to attend to their de- 
partments until relieved by officers appointed under 
the Constitution. 

41. When was the Constitution in full operation? 
In the autumn of 1789. 



26 THE YOUNG CITIZEN'S MANUAL, 

42. WJien did North Carolina and Rhode Island 
adopt the Constitution f 

North Carolina adopted it in November, 1789, and 
Rhode Island in May, 1790. 



QUESTIONS FOR REVIEW. 

ORIGIN OP SOCIETY AND GOVERNMENT. 

1. Is society of human or divine origin? 

2. What is meant when it is said that society is of divine 
origin ? 

3. Are men under obligation to live in society? 

4. Why are laws necessary ? 

5. Who make and execute the laws ? 

6. How does it appear that it is God's will that there should 
be government? 

7. What is the fundamental law of society and government? 

8. What are the three forms of government? 

9. Who determine the form of government? 

10. What is the best form of government? 

11. For what nations is a republic the best form? 

12. On what ground may it be the duty of a people to obey 
a despotic government? 

13. In what way may a government established by fraud or 
force become a lawful government? 

14. When did the Pilgrims land at Plymouth? 

15. By whom were their laws made at first? 

16. How were they made when the population became more 
numerous ? 

17. Is convenience the only reason for choosing representa- 
tives ? 

18. What other reason can be given? 

19. When and where did the first legislative assembly meet 
in America? 



OR TEXT-BOOK ON GOVERNMENT. 27 

20. In what respects were the Colonial governments similar ? 

21. What powers had the Colonial legislatures ? 

22. By whom was all real power retained ? 

23. What led to the Kevolution ? • 

24. What state recommended a meeting of delegates from 
the Colonies ? 

25. When and where did the first Congress meet? 

26. When did the second Congress meet? 

27. What was the distinguishing act of that Congress ? 

28. What measures did it take to unite the states? 

29. When were the Articles of Confederation adopted by all 
the states ? 

30. Where were the powers of the Confederation vested ? 

31. Of how many houses did Congress consist? 

32. How was the voting done ? 

33. What was the great defect of the Confederation? 

34. Could it lay and collect taxes and raise soldiers ? 

35. What could it do when money and men were wanted? 

36. Who took the lead in measures for forming the Consti- 
tution ? 

37. When and where did the Federal Convention meet? 

38. With what purpose did a majority of the members come 
together ? 

39. What was the first resolution passed by the Convention ? 

40. What did they then proceed to do ? 

41. Was the formation of the Constitution a work of diffi- 
culty? 

42. How was the Constitution adopted ? 

43. How many states had adopted it when it went into 
operation ? 

44. When were the electors for President chosen? 

45. Who was the first President? 

46. When and where did the first Congress under the Con- 
stitution meet ? 



28 THE YOUNG CITIZEN'S MANUAL, 

CHAPTER VII. 

THE NATURE OF THE CONSTITUTION. 

1. How is the Constitution divided as to its form? 
It is divided into articles, sections, and paragraphs. 

2. How many articles did the Constitution contain 
when it was adopted? 

Seven. 

3. How many have since been added as amend- 
ments ? 

Thirteen. 

4. Are these amendments as much a part of the 
Constitution as the original articles ? 

They are. 

5. Repeat the Preamble of the Constitution? 

" We, the people of the United States, in order to 
form a more perfect union, establish justice, insure 
domestic tranquillity, provide for the common de- 
fence, and promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the 
United States of America." 

6. By whom was the Constitution ordained and 
established? 

By the people of the United States. 

7. By whom then can the Constitution be altered 
or abolished? 

By the people of the United States.* 

* An early decision of the Supreme Court declares, " The 
Constitution of the United States was ordained and established 
not by the states in their sovereign capacity, but emphatically 
as the Constitution declares, by ' the people of the United 

States. 1 " 



OR TEXT-BOOK ON GOVERNMENT. 29 

8. When is an act said to be performed by the 
people of the United States ? 

When it is performed by a majority of the people. 

9. Is the Constitution a league between the States ? 
No ; it is the fundamental law of a national gov- 
ernment for the people of the United States. 

10. Why may not a state withdraw or secede from 
the Union? 

Because the Constitution does not authorize it. 

11. Suppose Congress should make a law contrary 
to the Constitution, may not the people of a state 
declare it null and void? 

They have no right or power to do so. 

12. What would be the remedy in case Congress 
should pass such a law ? 

The Supreme Court would declare it null and 
void. 

13. By what authority would it do so ? 
By authority given it by the Constitution. 

14. How does that appear ? 

It appears from the express language of the Con- 
stitution. 

15. Quote the language in point. 

" This Constitution . . . shall be the supreme law 
of the land, and the judges in every state shall be 
bound thereby, anything in the Constitution and 
laws of any state to the contrary notwithstanding." 

16. How does it appear that the Supreme Court 
has power to- declare laws that are contrary to the 
Constitution null and void? 

The Constitution says, "The judicial power shall 
extend to all cases in law or equity arising under this 
Constitution, the laws of the United States," &c. 



TBB Y;7>"3 30CIZKK 9 fl HAXTAX, 

17. Does the Supreme Court decide upon the con- 
stitutionality of the kncs 4 before they go into operation f 



18. Can any one who deems a Jaw unconstitution- 
al refer it to the Supreme Court for a decision / 

He cannot. In order that the court may pro- 
nounce a decision on a law, it must be legally brought 
before the court in a case to be adjudicated. 

19. Is the decision of the Supreme Court final? 
I: is. 

20. Suppose it should be erroneous f 

There is no help for it. It must stand till reversed 
by the same court, or by an amendment to the Con- 
stitution. 

- 

They cannot, for they have not sovereign power. 
_ . WJiat is sovereign power t 

S • ereign p>ower is supreme power ; the Constitu- 
tion is the supreme law of the land. 



CHAPTER VIII. 

Dins: POWERS. CONGRESS. — HOUSE op 

r.Z?SZSE>"TATlVJHI. 

1. Hq\r art the poicers of government divided by 
the GmuHkution t 

They are divided into three departments, viz- the 
live, the judicial, and the executive. 

2. What is the office of the legislative departmerd? 
To make the laws. 



OR TEXT-BOOK ON GOVERNMENT. 31 

3. What is the office of the judicial department ? 
To interpret and apply the laws. 

4. What is the office of the executive department f 
To execute the laws. 

5. Why should not one man or one set of men 
make, interpret, and execute the laws f 

Experience has shown that there is greater security 
for justice when the three departments of government 
are separate. 

6. Should the different departments be independent 
of one another f 

They should be as far as is practicable. 

7. Suppose the judges were dependent on the ex- 
ecutive for their offices and salaries f 

They might be tempted to consult his wishes 
rather than the dictates of justice. 

8. Is it practicable to make the different depart- 
ments of government entirely independent of one 
another f 

It is not. 

9. What constitutes the legislative department of 
the government of the United States f 

Congress. 

10. Repeat Art. I. Sec. 1 of the Constitution. 
"All legislative powers herein granted shall be 

vested in a Congress of the United States, which 
shall consist of a Senate and House of Representa- 
tives." 

11. Why should Congress consist of two houses 
instead of one f 

Two houses furnish greater security for wise legis- 
lation ; for if a bill passes one house without due con- 
sideration, its defects may be discovered in the other 
house. 



32 THE YOUNG CITIZEnV MANUAL, 

12. How is the House of Representatives com- 
posed f 

" The House of Representatives shall be composed 
of members chosen every second year by the people 
of the several states, and the electors in each state 
shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature." 
— Art. I. §2.1. 

13. Why should not the representatives be elected 
for one year instead of two ? 

If chosen for one year only, the members would 
scarcely become familiar with their duties and the 
mode of doing business before their term of service 
would expire. 

14. Why, then, was not a longer term than two 
years fixed upon ? 

The term, as it now stands, was the result of com- 
promise between those who preferred to have the 
representatives elected annually and those who pre- 
ferred to have them elected for a longer period. 

15. What qualifications are required for a repre- 
sentative f 

"No person shall be a representative who shall not 
have attained to the age of twenty-five yearsj and 
been seven years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of 
that state in which he shall be chosen." — Art. I. 
§2.2. 

16. To whom is reference made in the expression^ 
" seven years a citizen of the United States " ? 

To foreigners. 

17. How do foreigners become citizens? 
By becoming naturalized according to law. 



OR TEXT-BOOK ON GOVERNMENT. 33 

18. Why must a foreigner be a citizen for seven 
years before he can be a representative f 

To give him time to become weaned from his na- 
tive land, and to become more strongly attached to 
the land of his adoption. 

19. Could a citizen of Boston be elected a repre- 
sentative from New York f 

He could not ; because the Constitution requires 
the representative to be an inhabitant of the state 
for which he is chosen. 

20. What are congressional districts ? 

Each state is by a law of the state divided into as 
many congressional districts as it has representatives. 

21. Does the Constitution require that such a di- 
vision be made ? 

It does not. 

22. Must the representative be an inhabitant of the 
district for which he is chosen? 

The Constitution does not require it, but it is the 
established custom. 

23. Sow are representatives apportioned among 
the states? 

" Representatives and direct taxes shall be appor- 
tioned among the several states which may be in- 
cluded within this Union, according to their respec- 
tive numbers, which shall be determined by adding 
to the whole number of free persons, including those 
bound to service for a term of years, and excluding 
Indians not taxed, three fifths of all other persons." 
— Art. I. § 2.3. 

24. What is meant by " three fifths of all other 
persons " ? 

Slaves. 

25. Sow is the number of the people known? 



34 THE YOUNG CITIZEN'S MANUAL, 

The Constitution requires that the census shall be 
taken, that is, that the people shall be numbered, 
every ten years. 

26. What is the constitutional provision as to the 
number of representatives f 

" The number of representatives shall not exceed 
one for every thirty thousand ; but each state shall 
have at least one representative." — Art. I. § 2. 3. 

27. As the p>opulation has increased, has the ratio 
of representatives been enlarged? 

Congress has from time to time enlarged the ratio 
to prevent the house from having too many members. 

28. What is the present ratio f 

One representative for one hundred and twenty- 
seven thousand inhabitants. 

29. Do the representatives vote by states or by in- 
dividuals f 

Each member has one vote. 

30. Suppose a representative should die or resign ? 
"When vacancies happen in the representation 

from any state, the executive authority thereof shall 
issue writs of election to fill such vacancies.'' — Art. 
I. § 2. 4.) 

31. What is meant by the executive of a state? 
The governor. 

32. Who is the presiding officer of the House of 
Representatives ? 

"The House of Representatives shall choose their 
Speaker and other officers, and shall have the sole 
power of impeachment." — Art. I. § 2. 5.) 

33. What is impeachment ? 

A formal written accusation of an officer under 
government as guilty of some public offence or mis- 
demeanor. 



OR TEXT-BOOK ON GOVERNMENT. 35 



CHAPTER IX. 

THE SENATE. 

1. How is the Senate composed*! 

" The Senate of the United States shall be com- 
posed of two senators from each state, chosen by the 
legislature thereof, for six years; and each senator 
shall have one vote." — Art. I. § 3. 1. 

2. Why are senators chosen for a longer period 
than representatives ? 

Because they have duties to perform which are 
thought to require greater experience. 

3. What are some of those duties ? 

They share with the President the responsibility 
of appointing men to office, and are connected with 
him in managing the foreign" affairs of the govern- 
ment. 

4. How did the Constitution, at first, require the 
/Senate to be divided ? 

"Immediately after they shall be assembled in 
consequence of the first election, they shall be di- 
vided as equally as may be into three classes. The 
seats of the senators of the first class shall be vacated 
at the expiration of the second year; of the second 
class, at the expiration of the fourth year; and of the 
third class, at the expiration of the sixth year; so that 
one third may be chosen every second year." — 
Art. I. § 3. 2. 

5. What teas the design of this provision ? 

The main design was to make the changes in the 
Senate gradual. 



36 THE YOUNG CITIZEN'S MANUAL. 

6. Do some senators now serve only two years, or 
do all serve six years. 

All senators now serve for six years, except those 
who may be chosen to fill the places of those whose 
terra of service may not have expired. 

7. What are the qualifications for a senator f 

" No person shall be a senator who shall not have 
attained to the age of thirty years, and been nine 
years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that state for 
which he shall be chosen." — Art. I. § 3. 3. 

8. Have the small states as much power in the 
Senate as the large states f 

They have, because each has two senators, and 
thus two votes.* 

9. Who is the presiding officer of the Senate ? 

" The Vice-President of the United States shall be 
President of the Senate, but shall have no vote un- 
less they be equally divided." — Art. I. § 3. 4. 

10. Why should not the Senate choose one of their 
own number to preside ? 

It would interfere with the equality of the states 
in the Senate. 

1 1 . What is done when the Vice-President is absent ? 
" The Senate shall choose their other officers, and 

also a president pro tempore in the absence of the 
vice-president, or when he shall exercise the office of 
President of the United States." — - Art. I. § 3. 5. 

* This provision was the result of compromise. Under the 
Confederation, the states had equal power, each state having 
one vote in Congress. When the Constitution was formed, 
the small states yielded their equality in the House, and re- 
tained it in the Senate. 



OB TEXT-BOOK ON GOVERNMENT. 37 

12. What is the custom of the Senate in regard 
to the choice of a president pro tempore ? 

The Vice-President vacates the senatorial chair a 
short time before the end of each session, in order 
that the Senate may choose a president pro tempore, 
who is thus already in office if the Vice-President is 
called, in the recess-, to exercise the office of President. 

13. Suppose a senator should die or resign $ 

" If vacancies happen by resignation or otherwise, 
during the recess of the legislature of any state, the 
executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall 
then fill such vacancies." — Art. I. § 3. 2. 

14. What judicial power does the Senate possess ? 
" The Senate shall have the sole power to try all 

impeachments. When sitting for that purpose, they 
shall be on oath or affirmation." — Art. I. § 3. 6. 

15. Where is the power of impeachment vested? 
In the House of Representatives. 

16. Suppose the President of the United States 
should be impeached and tried i 

"When the President of the United States is tried, 
the Chief-Justice shall preside ; and no person shall 
be convicted without the concurrence of two thirds 
of the members present." — Art. I. § 3. 6. 

17. Why should not the Vice-President preside 
when the President is tried f 

Because he would succeed to the office of Presi- 
dent in case the President were convicted and re- 
moved from office. 

18. Why is a vote of two thirds required to con- 
vict a man? 

It is an additional security against injustice. 



SS zzzz ti-t^-s- :zzzzzz' ; zlzz^z. 

1 ;-. . s ' _j: : ?: :".:' .' -_:•: • . : : :f r~ •• . ; -,'.• /;■:.,'". ; 7 .-:, :'.':_ . 

B Judgment in cases of impeachment shall n«c: 

:ci: :"zr.z~r :"z:.z :; rrzirvi. rr.zz :zz:-e, izi lii- 
■tzz/zz: :zi:z :•: z:'-i iz 1 ;:;:v iiv :z::e ::" L:z:7. 
trust, or profit under the United States; bat the 
\ :.-'.-■ :::-!:;t i s'zzl". ifv;r.':r'.f« :z lii:".f zzl z.;':- 
ject to indictment^ trial, judgment, and punishment 
according to law. 79 — Art.L§o. 

20. Suppose the President of the United State*, 
or some other cmH officer, *hmdd be impeached for 

:-:.'.:/; ;•- <zz~>. \ r.-.:l ;; ...::■:. \ ;;■■.," V: :~ j. -., ■■.- 
'.',- : .:,: : .zz:z / 

Mot b y the Senate : the Senate could only remove 
him from office, and disfranchise him. He could 
then be tried by a court of law, and punished like 

il~ I'.ZrT ;- •''-■ •' -.:/. 



CHAPTER X. 

izz z r i>~ :- ? :r ::y}Lir ; . — ?lztlzzs-z = :~ zzizziiz.?. 

1. Who determine tike tune*, j&aces, and manner 

:- \:~. 7 . : -'.-.::', .■•:■} -':- 5zzzz""*< .: .,' n-p" ■■: :■-,:,> 
Enwarl 
^ The times, places, and manner of holding elec- 

:::zs :':r Sfz;.::r5 zz .1 rz;zf>rz:z7:Tri ?zzll Zr tzz- 
s.z'zt.I iz zz:'z ~zzr :~ :\- \-zX.:r.~:^ :ztZz::: ":z: 
C.z.Trfs z:^" ;z zzj Z-'Zf.. ":v Li— . zizkr :r zz-r 
fz.z rzzz:":zz:zf, tzz: z= :•: ;z rL.:z ::' zz^z: 
senators.' 9 — Art. L § 4L 



0E TEXT-BOOK ON GOVEENMENT. 39 

2. How often must Congress assemble? 

"The Congress shall assemble at least once in 
every year, and such meeting shall be on the first 
Monday in December, unless they shall by law ap- 
point a different day." — Art. I. § 4. 2. 

3. Who are to judge of the elections, returns, and 
qualifications of members ? 

"Each house shall be the judge of the elections, 
returns, and qualifications of its own members." — 
Art. I. § 5. 1. 

4. Suppose tico persons from the same district 
claim that they have been elected representatives for 
that district ? 

The house decides which is entitled to a seat. 

5. Sow large a number of each house constitutes 
a quorum ? 

" A majority of each shall constitute a quorum to 
do business." — Art. I. § 5. 1. 

6. Suppose there is not a majority present ? 

"A smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of 
absent members, in such a manner, and under 'such 
penalties, as each house may provide." — Art. I. § 5. 1. 

7. WJio determine the rules of proceeding in each 
house ? 

" Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly conduct, 
and, with the concurrence of two thirds, expel a 
member." — Art. I. § 5. 2. 

8. WJiat are the rules adopted by legislative bodies 
for transacting business called? 

Parliamentary law. 



40 THE YOUNG CITIZENS MANUAL. 

9. When is a man said to be unparliamentary ? 
When he does not observe parliamentary rules. 

10. Wliat does the Constitution require in regard 
to a journal * 

"Each house shall keep a journal of its proceed- 
ings, and from time to time publish the same, ex- 
cepting such parts as may in their judgment require 
secrecy." — Art. I. § 5. 3. 

11. When must the yeas and nays be entered on 
the journals 

"The yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of 
those present, be entered on the journal." — Art. I. 
§ 5. 3. 

12. Why was this provision ? 

That it may be known how every member votes 
on a question. 

13. Wliat evil may result from this provision ? 

A factious minority may, by calling for the yeas 
and nays on every question, needlessly consume 
time and impede legislation. 

14. Wliat is the provision in regard to adjournment ! 
" Neither house, during the session of Congress, 

shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two houses shall be sitting." — 
Art. I. § 5. 4. 

15. Do the members of Congress receive compen- 
sation for their services * 

" The senators and representatives shall receive a 
compensation for their services, to be ascertained by 
law, and paid out of the treasury of the United 
States." — Art. I. §6.1. 



OR TEXT-BOOK ON GOVERNMENT. 41 

16. What compensation do they now [1867] re- 
ceive ? 

Five thousand dollars a year, and eight dollars for 
every twenty miles travelled in going to and return- 
ing from the seat of government. 

17. What are the constitutional privileges of 
members of Congress? 

" They shall, in all cases, except treason, felony, 
and breach of the peace, be privileged from arrest 
during their attendance at the session of their re- 
spective houses, and in going to and returning from 
the same ; and for any speech or debate in either 
house, they shall not be questioned in any other 
place." — Art. I. § 6. 1. 

18. Why is this privilege from arrest given? 
That the constituents may not be deprived of the 

services of their representative. 

19. Suppose a member uses language in the house 
which would subject him to prosecution if uttered 
elsewhere ? 

He cannot be called to account for it elsewhere. 

20. Why is he thus protected ? 

In order that there may be perfect freedom of 
speech in debate. 

21. To what offices are senators and representa- 
tives ineligible ? 

u No senator or representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States, 
which shall have been created, or the emoluments 
whereof shall have been increased, during such 
time." — Art. I. § 6.2. 



42 THE YOUNG CITIZEN'S MANUAL, 

22. What is the object of this provision ? 

To prevent corruption on the part of members of 
Congress. 

23. Can any one holding an office under the United 
States be a member of Congress ? 

" No person holding any office under the United 
States shall be a member of either house during his 
continuance in office." — Art. I. § 6. 2. 

24. Suppose an officer in the army is elected to 
Congress ? 

He must resign his commission before he can take 
his seat. 

25. Why is this required? 

That the different departments of government 
may be kept distinct. 



CHAPTER XI. 



MODE OF PASSING LAWS. 



1. Where must revenue bills originate? 

"All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may pro- 
pose or concur with amendments as on other bills." 
— Art. I. §7. 1. 

2. What reason can be given for this? 

It may be said that the representatives are more 
closely connected with the people w T ho pay the taxes, 
and therefore, bills for laying taxes should originate 
with them. 



OR TEXT-BOOK ON GOVERNMENT. 43 

3. What is done with a bill when it has passed 
both houses of Congress f 

" Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it be- 
come a law, be presented to the President of the 
United States. If he approves, he shall sign it ; but 
if not, he shall return it, with his objections, to that 
house in which it shall have originated, who shall 
enter the objections at large on their journal, and 
proceed to reconsider it. If, after such reconsidera- 
tion, two thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to 
the other house, by which it shall be likewise recon- 
sidered, and if approved by two thirds of that house, 
it shall become a law." — Art. I. § 7. 2. 

4. Sow shall the votes in such cases be determined? 
" In all such cases the votes of both houses shall 

be determined by yeas and nays, and the names of 
the persons" voting for and against the bill shall be 
entered on the journal of each house respectively." 
— Art. I. §7. 2. 

5. In what other way may a bill become a law 
without the signature of the President? 

" If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law 
in like manner as if he had signed it, unless the Con- 
gress by their adjournment prevent its return, in 
which case it shall not be a law." — Art. I. § 7. 2. 

6. What must be done with every order, resolution, 
or vote of the Senate and Souse of Representatives ? 

"Every order, resolution, or vote, to which the 
concurrence of the Senate and House of Representa- 



44 THE YOUNG CITIZEN'S MANUAL, 

tives may be necessary (except on a question of ad- 
journment), shall be presented to the President of 
the United States; and before the same shall take 
effect, shall be approved by him, or being disapproved 
by him, shall be repassed by two thirds of the Senate 
and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill." — 
Art. I. § 7. 3. 

7. What is the object of this provision f 

To prevent Congress from passing a law, under 
the name of an order or resolution, without the con- 
sent of the President. 

8. What is the power of the President to nega- 
tive laws called? 

The veto power. 

9. Why should he possess it f 

It is an additional security against the enactment 
of rash and improper laws. 

10. Can the President defeat a measure that is of 
vital importance to the country? 

He can, unless two thirds of both houses vote to 
pass it. 



QUESTIONS FOR REVIEW. 

NATURE OP THE CONSTITUTION, ETC. 

1. Is the Constitution a league of sovereign states? 

2. What was it designed to form? Ans. A national 
government? 

3. By whom was it ordained and established? 

4. By whom can it be changed or abolished? 

5. Who is to decide as to the constitutionality of acts of 
Congress ? 



OK TEXT-BOOK ON GOVERNMENT. 



45 



6. How are the powers of government divided by the Con- 
stitution ? 

7. What is the duty of the legislative department? 

8. What is the duty of the judicial department? 

9. What is the duty of the executive department? 

10. Where is the legislative power placed by the Consti- 
tution ? 

11. How is Congress composed? 

12. Why are two houses of Congress better than one? 

13. How is the House of Eepresentatives composed? 

14. What are the qualifications of members ? 

15. How are representatives apportioned among the states ? 

16. What is the present ratio of representation? 

17. Suppose a state has less than that number of inhabitants ? 

18. What is done when vacancies occur in the representa- 
tion from any state ? 

19. Who presides over the House of Representatives ? 

20. Who decide cases of contested elections ? 

21. Who decide cases of contested elections in the Senate? 

22. Where is the power of impeachment vested ? 

23. What is an impeachment ? 

24. By whom are impeachments tried ? 

25. How is the Senate composed? 

26. Why are senators chosen for a longer time than repre- 
sentatives ? 

27. Why do not all the senators go out of office at the same 
time? 

28. What are the qualifications for senators? 

29. Who is the presiding officer of the Senate ? 

30. Suppose vacancies occur in the representation of a state ? 

31. What judicial power does the Senate possess? 

32. Who would preside if the President of the United States 
should be tried? 

33. What punishment can follow conviction on impeachment ? 

34. How often must Congress meet? 

35. What constitutes a quorum of each house? 
38. When may the yeas and nays be called for? 

37. What is the compensation of members of Congress ? 



46 THE YOUNG CITIZEN^ MANUAL, 

38. What are the privileges of memhers? 

39. To what offices are they ineligible? 

40. May a member of Congress hold any office under the 
government of the United States. 

41. May an officer in the army have a seat in Congress? 

42. State the mode of passing laws ? 

43. What is done if the President refuses to sign a bill? 

44. What is the veto power ? 



CHAPTER XII. 



POWERS OF CONGRESS. 



1. What is the power of Congress in respect to 
taxation ? 

"Congress shall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts 
and provide for the common defence and general 
welfare of the United States; but all duties, imposts, 
and excises shall be uniform throughout the United 
States." — Art. I. § 8.1. 

2. What are duties and imposts f 

Taxes levied on goods upon their importation 
from a foreign country. 

3. What are excises f 

Taxes levied upon goods manufactured, or sold, or 
used in a country. 

4. For ichat objects is it here stated that taxes 
may be laid? 

" To pay the debts and provide for the common 
defence and general welfare of the United States." 



MPttSUPI 



OK TEXT-BOOK ON GOVERNMNET. 47 

5. Has Congress power to lay duties in order to 
protect and foster domestic manufactures ? 

Repeated decisions of the Supreme Court have 
settled this question in the affirmative. 

6. What is the seco/id power of Congress men- 
tioned in the eighth section of the first Article of the 
Constitution ? 

" To borrow money on the credit of the United 
States." 

7. Why is Congress empowered to borrow money? 
Because there are times — especially when the 

country is engaged in war — when the expenses 
would be too great to be met by the usual means of 
income with sufficient promptness. 

8. What is the third power? 

" To regulate commerce with foreign nations, and 
among the several states, and with the Indian 
tribes." 

9. Why should Congress possess this power ? 

In order to prevent encroachments on our com- 
merce by foreign nations, and in order that the 
regulations may be uniform throughout the United 
States. 

10. What is a tariff? 

A law imposing duties or taxes on goods imported 
from foreign countries. 

11. What is a revenue tariff? 

A tariff having for its sole object the raising of 
money for the government. 

12. What is a protective tariff? 

A tariff which has for its object the encourage- 
ment of domestic products and manufactures. 



48 THE YOUNG CITIZEX'3 HA2TTAL, 

13. Ho : 

The law requires all foreign goods to be landed at 
certain ports, called ports of entry, and at every port 

ntry a collector is appointed to receive the d 
levied by law on goods imported. 

14. What is a custom-ho 

The custom-house is the building in which the 
collector and his assistants transact the business of 
the revenue. 

15. Tl 

- To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, through- 
out the United StaJ 

10. What are naturalization laws? 

Laws regulating the manner in which foreigners 
may become citizens of the Unit: Si 

17. H. 

He must go before a court, and declare upon oath 
his intention to become a citizen. 

18. Ho< is admission as a citizen 

Two y t 

19. TV- tat must he do at the end of the two years? 

He must go before the court and take an oath to 
support the Constitution, and renounce his allegiance 
to all other governments. 

g must he lice in the United •>: 
>zen? 

Five ye 

21. What are ba.nl ■ 

Laws discharging insolvent debtors from the 1 
obligation to pay their debts. 

ii. 



OE TEXT-BOOK ON GOVEENMENT. 49 

" To coin money, regulate the value thereof, and 
of foreign coin, and fix the standard of weights and 
measures." 

23. Why icas this poicer given tp Congress f 

In order that the coin and the standard of weights 
and measures may be uniform throughout the United 
States. 

24. What is the sixth power f 

" To provide for the punishment of counterfeiting 
the securities and current coin of the United States." 

25. What is the seventh power f 

" To establish post offices and post roads." 

26. Why was this power given f 

In no other way could a harmonious postal sys- 
tem embracing all the states be secured. 

27. WJiat is the eighth power f 

" To promote the progress of science and the use- 
ful arts, by securing for limited times to authors and 
inventors the exclusive right to their respective 
writings and discoveries." 

28. What laws have been passed under this power f 
Copyright and patent laws. 

29. What is a copyright law f 

A law securing for a limited time to authors the 
exclusive right to publish and sell their works in the 
United States. 

30. For what length of time does the law now in 
force secure to authors this right f 

Twenty-eight years. 

31. What is a patent law f 

A law securing for a limited time to inventors 
the exclusive right to manufacture and sell the in- 
vention in the United States. 
4 



50 THE YOUNG CITIZEN'S MANUAL, 

32. Wfyat is the ninth power f 

" To constitute tribunals inferior to the Supreme 
Court." 

33. What is the tenth power? 

" To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the 
law of nations." 

34. What is the eleventh power f 

" To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land 
and water." 

35. What are letters of marque and reprisal ? 
Commissions granted by a government to one or 

more of its citizens to seize the property of an enemy. 

36. What are vessels sailing under such commis- 
sions called? 

Privateers. 



CHAPTEK XIII. 

POWERS OP CONGRESS CONTINUED. 

1. What is the twelfth power conferred on Con- 
gress by the Constitution? 

" To raise and support armies ; but no appropria- 
tion of money to that use shall be for a longer term 
than two years." 

2. Why this restriction in regard to time f 

That the people, if they do not approve of the 
war, may put an end to it by electing new repre- 
sentatives who will refuse to vote money for carrying 
it on. 



OR TEXT-BOOK ON GOVERNMENT. 51 

3. What are the thirteenth and fourteenth poicers ? 
"To provide and maintain a navy; to make rules 

for-the government and regulation of the land and 
naval forces." 

4. What is the fifteenth power ? 

" To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and 
repel invasions." 

5. What is the sixteenth poioer f 

" To provide for organizing, arming, and disciplin- 
ing the militia, and for governing such part of them 
as may tie employed in the service of the United 
States, reserving to the states respectively the ap- 
pointment of the officers, and the authority of train- 
ing the militia according to the discipline prescribed 
by Congress." 

6. Why should Congress have power to prescribe 
the rules for training the militia f 

That there may be that uniformity of organization 
and discipline which is necessary to the highest 
efficiency when called into active service. 

7. Why is the right to appoint the officers of the 
militia reserved to the states f 

To prevent jealousy of the general government on 
the part of the state governments. 

8. Wherein does the regular army of the United 
States differ from the militia f 

The regular army consists of men enlisted and 
officered by the authority of the United States, and 
are under its exclusive control ; while the militia are 
under the control of the several states, except when 
called into the service of the United States. 



52 THE YOUNG CITIZEN'S MANUAL, 

9. What is the poicer of Congress over the Dis- 
trict of Columbia? 

" To exercise exclusive legislation, in all cases 
whatsoever, over such district (not exceeding ten 
miles square) as may, by cession of particular states 
and the acceptance of Congress, become the seat of 
government of the United States, and to exercise 
like authority over all places purchased by the con- 
sent of the legislature of the state in which the same 
shall be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings." — Art. 1. 
§ 8. 17. 

10. What can be said in favor of these provisions ? 
Complete control of the seat of government is 

necessary to the independence of Congress, and the 
property of the Union should not be subject to the 
control of any one of the states. 

11. What is the eighteenth power mentioned f 

" To make all laws necessary and proper for carry- 
ing into execution the foregoing powers, and all 
other powers vested by this Constitution in the 
government of the United States, or in any depart- 
ment or officer thereof." — Art. I. § 8. 18. 

12. Has Congress power to charter a national 
bank or banks ? 

It has. A national bank was chartered during 
the first administration of Washington, and another 
during the administration of Madison. 

13. Was the constitutionality of those acts ques- 
tioned? 

It was ; but two decisions of the Supreme Court 
settled the question in the affirmative. 



OR TEXT-BOOK ON GOVERNMENT. 53 

14. When were the national banks now in exist- 
ence chartered? 

They are the result of "An Act to provide a na- 
tional currency, secured by a pledge of United States 
stocks, and to provide for the circulation and redemp- 
tion thereof," passed by Congress in 1863. 



• QUESTIONS FOR REVIEW. 

POWERS OF CONGRESS. 

1. What is the power of Congress limited by? 

2. What is the power of Congress as to taxation? 

3. Can it lay and collect taxes for any object whatever? 

4. Could the Congress of the Confederation lay and collect 
taxes ? 

5. What are duties and imposts? 

6. What are excises ? 

7. Can Congress impose higher duties at New York than 
at Boston ? 

8. Why not? 

9. Where are duties collected ? 

10. Who can borrow money on the credit of the United 
States ? 

11. What does the money thus borrowed constitute? Ans. 
The national debt. 

12. Who can regulate foreign and domestic commerce ? 

13. Had the Congress of the Confederation power to regu- 
late commerce ? 

14. Have the state governments this power ? 

15. What duties can the state legislatures lay? See Art. I. 
§ 10. 2. 

16. What is a tariff? 

17. What is a revenue tariff? 



54 THE YOUNG CITIZEN'S MANUAL, 

18. What is a protective tariff? 

19. Can Congress pass a protective tariff? 

20. What is an alien? 

21. How can foreigners become citizens? 

22. What are bankrupt laws ! 

23. Who have power to pass such laws ? 

24. Who can coin money ? 

25. Can the states coin money? 

26. Why is the power to coin money and fix the standard 
of weights and measures exclusive with Congress ? 

27. Who can establish post offices and post roads ? 

28. Can a state establish a postal system within its limits? 

29. What are copyright laws ? 

30. What are patent laws ? 

31. Why is the power to pass such laws vested in Congress ? 

32. By whom may war be declared? 

33. For how long a time may appropriations of money for 
carrying it on be made ? 

34. Why this restriction ? 

35. Can the Senate introduce a bill for revenue? 

36. Can it introduce all other bills ? 

37. Where is the power to build a navy placed ? 

38. What are letters of marque ? 

39. Can a state grant letters of marque? 

40. When can the militia be called out by the United States ? 

41. Can the militia be called out by the executive of a state 
to execute the state laws? 

42. Over what territory has Congress exclusive jurisdiction? 

43. Can Congress charter a national bank ? 

44. Has the Supreme Court decided this question? 



OR TEXT-BOOK ON GOVERNMENT. 55 

CHAPTER XIV. 

PROHIBITIONS ON THE UNITED STATES. 

1. Why does the Constitution contain prohibi- 
tions on the United States ? 

As the national government is one of limited 
powers, it is proper to state what it cannot do. 

2. Repeat the paragraph of the Constitution re- 
lating to the slave trade. 

" The migration or importation of such persons as 
any of the states now existing shall think proper to 
admit shall not be prohibited by Congress prior to 
the year one thousand eight hundred and eight ; but 
a tax or duty may be imposed on such importation, 
not exceeding ten dollars for each person." — Art. I. 
§9.1. 

3. Did some of the framers of the Constitution 
wish to abolish the slave trade at once? 

They did. Among them were some of the leading 
statesmen of Virginia and other southern states. 

4. When was it abolished? 

A law was passed in 1804, prohibiting its continu- 
ance after 1808. 

5. .When may the writ of habeas corpus be sus- 
pended? 

" The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in cases of rebellion 
or invasion, the public safety may require it." — 
Art. I. § 10. 2. 



56 THE .YOUXG CITIZEN'S MANUAL, 

6. What is meant by a writ of habeas corpus? 

It is an order, issued by a judge or court, com- 
manding the person having another in custody or in 
prison, to bring the prisoner before him. If the pris- 
oner is illegally or improperly in custody, the judge 
will discharge him. 

7. What is the great value of the habeas corpus ? 
It is a safeguard against illegal imprisonment. 

8. By whom may the writ of habeas corpms be 
suspended? 

The Constitution does not say. During the late 
rebellion it was suspended by the President, and his 
act was afterwards sanctioned by Congress. 

9. What is a bill of attainder ? 

An act of the legislature inflicting capital punish- 
ment on persons supposed to be guilty of high 
offences, such as treason and felony, without any 
trial by a court of justice. 

10. What is an ex post facto laic? 

A law making an act criminal which was not 
criminal when it was performed. 

11. Can Congress pass such laics? 

" £To bill of attainder, or ex post facto law, shall 
be passed." — Art. I. § 9. 3. 

12. Why this prohibition ? 

Because great injustice could be done if an act, 
which was not a crime when it was performed, could 
afterwards be declared to be a crime. 

.13. What is the restriction as to taxes? 

" No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration 
hereinbefore directed to be taken." — Art. I. § 9. 4. 



OR TEXT-BOOK ON GOVERNMENT. 57 

14. What is a capitation tax f 

A poll tax ; that is, a uniform tax on individuals 
without regard to the unequal value of their property. 

15. What is said respecting taxes on exports? 
"No tax or duty shall be laid on articles exported 

from any state. No preference shall be given, by 
any regulation of commerce or revenue, to the ports 
of one state over another ; nor shall vessels bound to 
or from one state be obliged to enter, clear, or pay 
duties in another." — Art. I. § 9. 5. 

16. What teas the design of these provisions ? 
To give a national character to the Union of the 

states by forbidding state preferences or superiori- 
ties. 

17. Can Congress lay an export duty on cotton? 
It cannot, for it cannot lay a tax on any article 

exported from any state. 

18. Can Congress lay a tax of any kind upon 
cotton ? 

It can lay a tax on its production, just as it can 
lay a tax on the production of any other article. 

19. Give an example of a tax on production. 
Congress has laid a tax on every gallon of whiskey 

distilled, and on every gallon of oil refined ; and so 
it may lay a tax on every bale of cotton produced or 
sold. 

20. What is said respecting draioing money from 
the treasury ? 

" No money shall be drawn from the treasury but 
in consequence of appropriations made by law ; and 
a regular statement and account of the receipts and 
expenditures of all public money shall be published 
from time to time." — Art. I. § 9. 6. 



58 THE YOUNG CITIZEN'S MANUAL, 

21. Who has thus the general control of the public 

purse f 
Congress. 

22. Who has the immediate control of it f 
The Secretary of the Treasury. 

23. Who has the money of the United States in 
his keeping f 

The Treasurer of the United States. 

24. Where is the Treasury f 
At Washington. 

25. Is all the money of the United States kept at 
Washington f 

There are Sub-Treasuries and. Sub-Treasurers in 
the principal cities of the Union. 

26. Why must an account of the receipts and 
expenditures be published? 

In order that the people may know what is done 
with their money. 

27. What is said respecting titles of nobility ? 
"No title of nobility shall be granted by the 

United States ; and no person holding any office of 
profit or trust under them shall, without the consent 
of Congress, accept of any present, emolument, office, 
or title of any kind whatsoever from any king, prince, 
or foreign state." — Art. I. § 9. 7. 

28. What was the design of these provisions ? 
To preserve the equality of citizens necessary in a 

republic, and to guard against foreign influence over 
the public servants of the United States. 



OR TEXT-BOOK ON GOVERNMENT. 59 

CHAPTER XV. 

PROHIBITIONS ON THE STATES. 

1. Why are there prohibitions on the states? 

To prevent them from interfering with the opera- 
tions of the national government when exercising 
the powers conferred on it by the Constitution. 

2. What are some of the prohibitions on the 
states ? 

" No state shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; 
coin money; emit bills of credit ; make anything but 
gold and silver coin a legal tender in payment of 
debts ; pass any bill of attainder, ex post facto law, 
or law impairing the obligation of contracts ; or grant 
any title of nobility." — Art. I. § 10. 1. 

3. What are bills of credit ? 

Notes issued by the government intended to cir- 
culate as money. 

4. What does this clause of the Constitution pro- 
hibit? 

It prohibits the emission of any paper medium by 
a state government for the purpose of common cir- 
culation. 

5. Can Congress make anything but gold and 
silver coin a legal tender for the payment of debts ? 

The Constitution does not forbid Congress to 
do it * 

* An act of Congress, passed 1862, made United States 
treasury notes a legal tender. 



60 THE YOUNG CITIZEN'S MANUAL, 

6. What is meant by impairing the obligation of 
contracts ? 

Any law which enlarges, abridges, or in any man- 
ner changes the intention of the parties who made it. 

7. How extensive is the meaning of the term "con- 
tract" as here used? 

It includes legislative grants, charters, and com- 
pacts between states. 

8. Can a state pass a bankrupt law ? 
It cannot. 

9. Why not? 

Because such a law would be one impairing the 
obligation of contracts. 

10. What laws in relation to discharging the ob- 
ligation of debtors may a state pass f 

Laws discharging such contracts only as are made 
after the passing of such laws, and such as are made" 
within the state between citizens of the same state. 

11. Mention some further prohibitions on the 
states. 

" No state shall, without the consent of Congress, 
lay any imposts or duties on imports or exports, ex- 
cept what may be absolutely necessary for executing 
its inspection laws." — Art. I. § 10. 2 

12. What are inspection laws? 

Laws requiring goods to be examined by public 
officers, that their quality may be ascertained ? 

13. Suppose such duties are laid by a state. 

" The net produce of all duties and imposts laid 
by any state on imports or exports shall be for the 
use of the treasury of the United States ; and all 
such laws shall be subject to the revision and con- 
trol of Congress." — Art. I. § 10. 2. 



OR TEXT-BOOK ON GOVERNMENT. 61 

14. What prohibitions are there in regard to ton- 
nage, troops, etc. f 

" No state shall, without the consent of Congress, 
lay any duty on tonnage, keep troops or ships of 
war in time of peace, enter into any agreement or 
compact with another state, or with a foreign power, 
or engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay." — Art. 
I. § 10. 2. 

15. What is a tonnage duty? 

A tax laid upon vessels in proportion to their ton- 
nage. 

16. What can be said in favor of these restric- 
tions on the states f 

They are necessary, in order that there may be no 
interference by the states with the exercise of those 
powers of the national government which relate to 
the common interests of all the states. 

17. What is one of the characteristic powers of a 
sovereign state f 

The power to make treaties with other states and 
nations. 

18. Does any one of the United States possess 
this power ? 

No; because the Constitution says, "No state shall 
enter into any agreement or compact with another 
state or a foreign power." 



62 THE YOUNG CITIZEN'S MANUAL, 

QUESTIONS FOR REVIEW. 

PROHIBITIONS ON CONGRESS AND THE STATES. 

1. Was the slave trade in operation when the Constitution 
was formed ? 

2. How long did the Constitution permit it to exist ? 

3. What is the writ of habeas corpus ? 

4. When may it be suspended? 

5. What is the effect of such suspension? 

6. What is a bill of attainder? 

7. What is an ex post facto law ? 

8. Why is Congress prohibited from passing such laws ? 

9. Can Congress lay a tax on exports ? 

10. Can a state lay such a tax ? 

11. In what way may Congress lay a tax upon cotton? 

12. Can Congress give the ports of one state any advantages 
over those of another ? 

13. Why not? 

14. How can money be drawn from the United States 
treasury ? 

15. Who has the general charge of the finances of the 
government ? 

16. Who has the immediate charge of the public money ? 

17. What is a Sub-Treasury? 

18. Can Congress confer any title of nobility? 

19. Who confers titles of nobility in Great Britain? Ans. 
The king. 

20. Can an ambassador to England accept a present from 
the queen? 

21. Why not? 

22. What is a legal tender? 

23. What only can the states make a legal tender? 

24. Can the United States make anything else a legal 
tender ? 

25. What have they made a legal tender? 



OK TEXT-BOOK ON GOVERNMENT. 63 

26. Can a state issue treasury notes to circulate as money? 

27. Can a state form a league with another state or states ? 

28. What clause in the Constitution forbids it? 

29. Can the legislature pass a law declaring a man guilty 
of a crime, and inflict punishment upon him ? 

30. Why not? 

31. Suppose a man has contracted a debt, can the legisla- 
ture of a state release him from the legal obligation to pay it? 

32. Why not? 

33. Do not the states pass insolvent laws ? 

34. What debts do they affect? 

35. Could the state of New York enter into an agreement 
with the British government respecting flour shipped from 
New York? 

36. Why not? 

37. When can a state raise troops and engage in war? 



CHAPTER XVI. 

THE EXECUTIVE DEPARTMENT. — ELECTION OF THE 
PRESIDENT. 

1. What is the duty of the executive department? 
To execute the laws. 

2. Where is the executive power vested? 

" The executive power shall be vested in a Presi- 
dent of the United States of America. He shall hold 
office during the term of four years." — Art. II. § 1. 1. 

3. Sow are the President and "Vice-President 
chosen ? 

" Each state shall appoint, in such manner as the 
legislature thereof may direct, a number of electors 
equal to the whole number of senators and represen- 



64 ' THE YOUNG CITIZEN'S MANUAL, 

tatives to which each state may be entitled in Con- 
gress; but no senator or representative, or person 
holding an office of trust or profit under the United 
States, shall be appointed an elector." — Art. II. 
§ 1. 2. 

4. In what manner do the electors proceed to make 
the election f 

" The electors shall meet in their respective states, 
and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant 
of the same state with themselves ; they shall name 
in their ballots the person voted for as President, 
and in distinct ballots the person voted for as 
Vice-President ; and they shall make distinct lists of 
all persons voted for as President, and of all persons 
voted for as Vice-President, and of the number of 
votes for each, which lists they shall sign, and certify, 
and transmit, sealed, to the seat of government of 
the United States, directed to the President of the 
Senate; the President of the Senate shall, in the 
presence of the Senate and the House of Represen- 
tatives, open all the certificates, and the votes shall 
then be counted ; the person having the greatest 
number of votes for President shall be President, if 
such number be a majority of the whole number of 
. electors appointed ; and if no person shall have such 
majority, then, from the persons having the highest 
numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. 
But in choosing the President, the votes shall be 
taken by states, the representation from each state 
having one vote; a quorum for this purpose shall 
consist of a member or members of two thirds of the 



OR TEXT-BOOK ON GOVERNMENT. 65 

states, and a majority of all the states shall be neces- 
sary to a choice. And if the House of Representatives 
shall not choose a President, whenever the right of 
choice shall devolve upon them, before the fourth of 
March next following, then the Vice-President shall 
act as President, as in case of the death or other 
constitutional disability of the President." — Amend. 
Art. XII. 1. 

5. What is said as to the Vice-President ? 

" The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of elec- 
tors appointed; and if no person have a majority, 
then, from the two highest on the list, the Senate shall 
choose the Vice-President: a quorum for the pur- 
pose shall consist of two thirds of the whole number 
of senators, and a majority of the whole number shall 
be necessary to a choice." — Amend. Art. XII. 2. 

"But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice- 
President of the United States."— Amend. Art. XII. 3. 

6. Is this the orginal method prescribed by the 
Constitution for choosing the President and Vice- 
President ? 

. It is not, but is the result of an Amendment to 
the Constitution, proposed by Congress in October, 
1803, and ratified before September, 1804. 

7. What is the provision of the Constitution in 
regard to the choice of electors f 

" The Congress may determine the time of choos- 
ing the electors, and the day on which they shall 
give their votes ; which day shall be the same 
throughout the United States." — Art. II. § 1. 4. 
5 



66 THE YOUNG CITIZEN'S MANUAL, 

8. Why was this power conferred upon Congress? 
That the time of choosing electors may be the 

same throughout the Union. 

9. Why is this desirable ? 

It has a tendency to repress political intrigues and 
corruption. 

10. Sow does that appear ? 

Suppose the electors for President were to vote in 
different states at different times, and that the elec- 
tors of all the states except one had^voted, and that 
the result of the election depended upon the vote of 
that state, great efforts would be made to secure the 
vote of that state. 



CHAPTER XVII. 

ELECTION OF PRESIDENT AND VICE-PRESIDENT, 
CONTINUED. 

1. What states have the advantage when the Pres- 
ident is chosen by the electors ? 

The most populous states,^ as they have more elec- 
toral votes than the smaller states. 

2. What happens when the choice devolves on the 
House of Representatives ? 

Each state has then an equal voice in the choice 
of the President, because the house votes by states. 

3. How many times has the choice devolved on the 
house ? 

Twice. Jefferson's first election was by the house, 
and John Quincy Adams was chosen by the house. 



OR TEXT-BOOK ON GOVERNMENT. 67 

4. What are the qualifications of the President ? 
"No person except a natural born citizen, or a 

citizen of the United States at the time of the adop- 
tion of this Constitution, shall be eligible to the 
office of President; neither shall any person be eligi- 
ble to that office who shall not have attained to the 
age of thirty-five years, and been fourteen years a 
resident within the United States." — Art. II. § 1. 5. 

5. Suppose a man has lived abroad several years 
in the service of his country? 

That would not interrupt his residence so as to 
disqualify him for the office of President. 

6. Sow often may the President be reelected f 
As often as the people please. 

7. Wliat is done in case of the inability or death 
of the President, or his removal from office^ 

"In case of the removal of the President from 
office, or of his death, resignation, or inability to dis- 
charge the powers and duties of the said office, the 
same shall devolve on the Vice-President; and the 
Congress may by law provide for the case of re- 
moval, death, resignation, or inability both of the 
President and Vice-President, declaring what officer 
shall then act as President ; and such officer shall act 
accordingly until the disability be removed, or a 
President shall be elected." — Art. II. § 1. 6. 

8. In what cases has the Vice-President succeeded 
to the office of President? 

By the death of William Henry Harrison, John 
Tyler became President ; by the death of Zachary 
Taylor, Millard Fillmore ; and by the death of Abra- 
ham Lincoln, Andrew Johnson. 



68 the rorxG citizen's manual, 

9. What officer has Congress declared shall act as 
President incase of the remove ;;•• resigna- 

and Vice-President ? 
Congress has provided that the President pro 
tempore of the Senate shall act as President, and in 
case there is no president pro tempore, the Speaker 
of the House of Representatives. 

10. What pre :'.: \ : : a : -. . ; :' 
for the compensation e-f -/:-; P \ 7 -. 

■ The President shall, at stated times, receive for 
Ids services a compensation which shall neither be 
increased nor diminished during the period for which 
he shall have been elected, and he shall not receive 
within that period any other emolument from the 
United States, or any of them." — Art. II. § 1. 7. 

11. What is the salary of the President as fixed 
by Congress f 

Twenty-five thousand dollars a year were voted by 
the first Congress under the Constitution, and the 
amount has never been changed. 

12. What oath or affin \atii si the President 

■:::-.: ~ ' . . ~ . . 

B I do solemnly swear (or affirm) that I will faith- 
fully execute the office of President of the 
States, and will, to the best of my ability, preserve, 
protect, and defend the Constitution of the United 
States." — Art. II. § 1.8. 



OR TEXT-BOOK ON GOVERNMENT. 01* 

CHAPTER XVIII. 

DUTIES OP THE PRESIDENT. 

1 . What military power does the President possess? 
"The President shall be commander-in-chief of 

the army and navy of the United States, and of the 
militia of the several states when called into the ac- 
tual service of the United States." — Art. II. § 2. 1. 

2. What may he require of the heads of depart- 
ments f 

"He may require the opinion in writing of the 
principal officer in each of the executive depart- 
ments upon any subject relating to the duties of 
their respective offices." — Art. II. § 2. 1. 

3. What power has he with respect to reprieves 
and pardons? 

" He shall have power to grant reprieves and par- 
dons for offences against the United States, except 
in cases of impeachment." — Art. II. § 2. 1. 

4. What is the design of the pardoning power f 
It is designed to promote justice and the public 

good. 

5. In what way can it promote justice ? 

Men are sometimes convicted of crimes when they 
are innocent, and they must suffer wrongfully unless 
delivered by the pardoning power. 

6. Why may not the President pardon those who 
have been impeached and found guilty f 

It would be in his power to shield his favorites 
from punishment, however great might be their po- 
litical offences. 



70 THE YOUNG CITIZEN'S MANUAL, 

7. What is his power with respect to treaties ? 
"He shall have power, by and with the advice and 

consent of the Senate, to make treaties, provided 
two thirds of the senators present concur." — Art. II. 
§ 2. 2. , 

8. What is the usual method of making treaties f 
Treaties are negotiated on the part of the United 

States by the Secretary of State, or by a foreign 
minister under instructions from the Secretary. 
When the treaty is completed, it is sent to the 
President, who lays it before the Senate. If two 
thirds of the senators present approve it, he may 
give it his signature, when it becomes a part of the 
supreme law of the land. 

9. May the President withhold his signature after 
the Senate has approved the treaty ? 

He may. 

10. When a treaty has been approved by the Senate 
and signed by the President, and money is wanted to 
carry it into execution, is the House of Representa- 
tives bound to vote the money needed, even if they do 
not approve the treaty ? 

They are. The power of making and ratifying 
treaties belongs tor the President and Senate. 

11. What is the President's power of appointment 
to office f 

" He shall nominate, and by and with the advice 
and consent of the Senate, shall appoint Ambassadors, 
other public Ministers and Consuls, Judges of the 
Supreme Court, and all other officers of the United 
States, whose appointments are not herein otherwise 
provided for, and which shall be established by law." 
— Art. II. §2. 2. 



OB TEXT-BOOK ON GOVERNMENT. 71 

12. Are all the officers of the United /States ap- 
pointed by the President and Senate^ 

No. "The Congress may by law vest the ap- 
pointment of such inferior officers as they think 
proper in the President alone, in the courts of law, 
or in the heads of departments." — Art. II. § 2. 2. 

13. Suppose vacancies occur during the recess of 
the Senate. 

" The President shall have power to fill all vacan- 
cies that may happen during the recess of the Senate 
by granting commissions which shall expire at the 
end of their next session." — Art. II. § 2. 3. 

14. WJiere is the power of removal from office 
vested by the Constitution? 

The Constitution is silent on the subject of re- 
movals except by impeachment. 

15. By whom has the power of removal always 
been exercised? 

By the President alone. 

16. What is required of the President in relation 
to Congress ? 

" He shall from time to time give to the Congress 
information of the state of the Union, and recom- 
mend to their consideration such measures as he 
shall judge necessary and expedient." — Art. II. § 3. 1. 

17. WJiy should he do this? 

Because he may have important information not 
possessed by Congress, especially in relation to for- 
eign affairs. 

18. Does the President communicate with Con- 
gress orally or by messaged 

By message. 



19. Is Congress obliged to consider the recommen- 

ce by the 1 
Xo. 

20. Has the President power to call extra sessions 
of Congress ? 

" He may on extraordinary occasions convene both 
houses, or either of them." — Art. II. § 3. 1. 

21. What power of adjourning Congress does the 
President possess t 

"In case of disagreement between them with re- 
spect to the time of adjournment, he may adjourn 
them to such time as he shall think proper." — Art. 
II. § 3. 1. 

22. What is the duty of the President as to foreign 
ministers f 

" He shall receive ambassadors and other public 
ministers." — Art. II. § 3. 1. 

23. Is this an important poicer ? 

It is ; for it gives the President a great degree of 
power in determining the relations of the United 
States to other nations. 

24. Suppose a colony of a country rebels and sets 
up a new government, and the President receives their 
ambassador, what would be the effect of such reception? 

It would be an acknowledgment of the indepen- 
dence of the rebels by the United States. 

25. What might this acknoicledgment occasion ? 
War with the parent state. 

26. What is the duty of the President in regard 
to the laws? 

"He shall take care that the laws be faithfully 
executed, and shall commission all the officers of the 
United States."— Art. II. § 3. 1. 



OR TEXT-BOOK ON GOVERNMENT. 73 

27. How may the President and other officers be 
removed from office ? 

" The President, Vice-President, and all civil offi- 
cers of the United States shall be removed from 
office on impeachment for, and conviction of, treason, 
bribery, or other high crimes or misdemeanors." — 
Art. II. § 4. 1. 

28. How are military officers tried ? 

They are tried by a court martial, which is a court 
composed of military officers detailed for that pur- 
pose by the commanding officer. 

29. How many executive departments have been 
constituted by Congress? 

Five, viz., the department of state or foreign 
affairs, of the interior, of the treasury, of war, and of 
the navy. 

30. Who constitute the cabinet f 

The heads of departments, together with the 
attorney-general and the postmaster-general. 



QUESTIONS FOR REVIEW. 

THE EXECUTIVE. 

1. What is the duty of the executive? 

2. Have the United States a single or plural executive? 

3. Where is the executive power vested? 

4. Where was the executive power of the Republic of 
Rome vested? Ans. In two consuls. 

5. Where is the executive power of Great Britain vested? 

6. How is the President elected? 

7. Under what circumstances does the election devolve 
upon tfee House of Representatives ? 



74 THE YOUNG CITIZENS MANUAL, 

8. How is the rote then taken? 

9. What Presidents were chosen by the House of Repre- 
sentatives ? 

10. Who choose the Vice-President when there is no choice 
by the electors ? 

11. For what length of time is the President chosen? 

12. How often may he be reelected? 

13. Has any President served for more than two terms? 

14. What are the qualifications for President? 

15. Could a foreigner have been elected President when the 
Constitution was adopted? 

16. Can a foreigner be elected now? 

17. Why not? 

18. When the office of President becomes vacant, who suc- 
ceeds to it? 

19. Suppose there is no Vice-President; who is to exercise 
the office of President? 

20. Suppose there is no Presidentj?ro tempore f 

21. Does the Constitution say that the President of the 
Senate pro tempore, or the Speaker of the House, shall exer- 
cise the office of President ? 

22. By what provision are they to exercise the office in 
certain circumstances ? 

23. Who is commander-in-chief of the army and navy? 

24. Who has the superintendence and general control of all 
matters pertaining to the army ? 

25. Who has immediate command of all the armies of the 
United States ? Ans. The general. 

26. Yf ho appoints and commissions all important military 
and civil officers ? 

27. Suppose the Senate is not in session when the vacancy 
occurs ? 

28. Who has the power of removal from office? 

29. How are treaties made ? 

30. How is war declared? 

31. How may extra sessions of Congress be called? 

32. Who receives ambassadors and other public ministers? 

33. Show that this is an important power. 

34. What is the duty of the President with respect to exe- 
cuting the laws ? 



OR TEXT-BOOK ON GOVERNMENT. 75 

35. Suppose the people of a state refuse to obey the laws of 
the United States ? 

36. Can a state be coerced into obedience ? Ans. All men, 
wherever found within the limits of the United States, can be 
compelled to render obedience to the laws. 

37. How can the President be removed from office? 

38. How can the Vice-President and all civil officers of the 
United States be removed from office? 

39. Are members of Congress civil officers of the United 
States, and liable to impeachment ? 

40. How can a member be removed from either house of 
Congress before his term has expired? 



CHAPTER XIX. 

THE JUDICIAL DEPARTMENT. 

1. Where is the judicial power vested? 

" The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior 
courts as the Congress may from time to time ordain 
and establish." — Art. III. § 1. 1. 

2. How many national courts have been established 
by Congress? 

Three: the Supreme Court, the Circuit Court, and 
the District Court. 

3. Of what does the Supreme Court consist? 
The Supreme Court consists of a Chief Justice and 

nine associate justices, any five of whom constitute 
a quorum. 

4. How often does the Supreme Court hold its 
sessio?is ? 

It holds one term annually, commencing on the 
first Monday in December, at Washington. 



J 



76 THE YOUNG CITIZEN^ MANUAL, 

5. How is it chiefly occupied*! 

In hearing and deciding appeals from the Circuit 
and District Courts. 

6. Into how many judicial circuits are the United 
States divided? 

The United States are divided 'into ten circuitSj 
and into a much larger number of districts. 

7. Who act as judges of the Circuit Courts? 
The associate justices of the Supreme Court. 

8. Sow many district judges are there? 

There is a district judge appointed in and for each 
district. 

9. How often are the Circuit Courts held? 

In most of the circuits, two courts are held an- 
nually. 

10. How often are the District Courts held? 

In most of the districts, the judge holds four stated 
terms, and also holds special courts at his discretion. 

11. What are the other officers of the national 
courts besides the judges ? 

The attorney-general, the district attorneys, the 
marshals, and the clerks. 

12. What are the duties of the attorney -general 
and the district attorneys? 

To conduct all suits in the United States courts 
in which the United States are concerned. 

13. What duties has the attorney -general in con- 
nection with the cabinet ? 

The attorney-general is a member of the cabinet, 
and meets with the other members to advise the 
President ; he gives legal opinions on all questions 
submitted to him by the government. 



OK TEXT-BOOK ON GOVERNMENT. 77 

14. What are the duties of the marshal? 

The marshal executes the orders and decisions of 
the court. 

15. What are the duties of the clerks f 

To keep records of the proceedings of their courts, 
and sign and seal all processes. 

16. What is the tenure of office of the judges? 

" The judges, both of the supreme and inferior 
courts, shall hold their offices during good behavior ; 
and shall at stated times receive for their services a 
compensation which shall not be diminished during 
their continuance in office." — Art. III. § 1. 1. 

17. Why was this tenure of office adopted? 
That the judges may be independent. 

18. How does it make them independent? 

If they held office at the will of Congress or of the 
President, they might be led to consult the will of 
Congress or of the President, rather than the dictates 
of justice. 

19. Who determine the compensation of the 
judges f 

Congress. 

20. WJiy cannot their compensation be diminished ? 
Congress might overawe them into submission to 

its will by that means, thus destroying their inde- 
pendence and fairness. 



i D THE YOUNG CITIZEN 5 HANUAL, 

CHAPTER XX. 

JUDICIAL DEPAETiLEXT, CONTINUED. 

1. To ichat does the judicial power extend/ 

" The judicial power shall extend to all eases in 
law and equity arising under this Constitution, the 
laws of the United States, and treaties made, or 
which shall be made, under their authority; to all 
cases affecting ambassadors, other public ministers, 
and consuls ; to all cases of admiralty and maritime 
jurisdiction ; to controversies to which the United 
States shall be a party; to controversies between 
two or more states; between a state and citizens of 
another state ; between citizens of different states ; 
between citizens of the same state claiming lands 
under grants of different states; and between a state 
or citizens thereof and foreign states, citizens, and 
subjects."— Art.IH § 2. 1. 

2. Has the Supreme Court jurisdiction in equity 
as icell as laic f 

It has. 

3. What is equity jurisprudence f 

- A system of jurisprudence, the object of which is 
to render the administration of justice more com- 
plete, by affording relief where the courts of law are 
incompetent to give it, or to give it with effect. 7 ' 

4. Are not courts of equity commonly distinct 
from courts of laic f 

They are in England and in some of the states. 

5. What are such courts called f 
Courts of chancery. 



OR TEXT-BOOK ON GOVERNMENT. 79 

6. What are courts of admiralty ? 

Courts which have jurisdiction over cases of cap- 
tures and seizures at sea, and all civil and criminal 
maritime cases. 

7. Have the United States courts of admiralty ? 
The District Courts have admiralty powers. 

8. When has the Supreme Court original juris- 
diction f 

"In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a state 
shall be a party, the Supreme Court shall have 
original jurisdiction." — Art. III. § 2. 2. 

9. What is meant by " original jurisdiction " in 
these cases ? 

Suits relating to them may be commenced in the 
first instance in the Supreme Court. 

10. How do cdl other cases come before the Su- 
preme Court f 

By appeal from the Circuit Courts. 

11. What does the Constitution say on this point? 
"In all other cases before mentioned, the Supreme 

Court shall have appellate jurisdiction, both as to 
law and fact, with such exceptions, and under such 
regulations, as the Congress shall make." — Art. III. 
§ 2. 2. 

12. May appecds be taken from the state courts to 
the national courts f 

They may. The Supreme Court has from time to 
time sustained the right to such appeals. 

13. What other courts are there under the control 
of the United States f 

There is the Supreme Court of the District of 
Columbia, and the courts established in the terri- 
tories of the United States. 



80 THE YOUNG CITIZEN^ MANUAL, 

14. Are the territorial courts regarded as a part 
of the national judiciary f 

They are not. 

15. Is the right of trial by jury preserved; in all 
of these courts f 

" The trial of all crimes, except in cases of im- 
peachment, shall be by jury; and such trial shall 
be held in the state where said crimes shall have 
been committed ; but when not committed in any 
state, the trial shall be at such place or places as the 
CoDgress may by law have directed." — Art. III. § '2. 3. 

16. WJiat evil is here guarded agaimt? 

That of trying a man at a great distance from the 
scene of his alleged crime, and where, if innocent, it 
would be difficult to prove his innocence. 



CHAPTER XXI. 

TREASON. — FUGITIVES FKOM JUSTICE. — ADMISSION 
OE NEW STATES. 

1. What is the definition of treason given by the 
Constitution ? 

" Treason against the United States shall consist 
only in levying war against them, or in adhering to 
their enemies, giving them aid and comfort.*' — Art. 
III. §3.1. 

2. What testimony is necessary to convict one of 
treason ? 

" No person shall be convicted of treason, unless 
on the testimony of two witnesses to the same overt 
act, or on confession in open court." — Art. III. § 3. 1. 



OR TEXT-BOOK ON GOVERNMENT. 



81 



3. Who is to declare the punishment of treason, 
and how is that punishment limited f 

" Congress shall have power to declare the pun- 
ishment of treason ; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted." — Art. III. 
§3.2. 

4. What punishment for treason has Congress 
imposed? 

Death by hanging. 

5. What is the provision of the Constitution in 
regard to public acts, records, dtc. 

" Full faith and credit shall be given in each state 
to the public acts, records, and judicial proceedings 
of every other state, and the Congress may by gen- 
eral laws prescribe the manner in which such acts, 
records, and proceedings shall be proved, and the 
effect thereof." — Art. IV. § 1. 1. 

6. What privileges are guaranteed to the citizens 
of each state f 

" The citizens of each state shall be entitled to all 
the privileges and immunities of citizens in the sev- 
eral states." — Art. IV. § 2. 1. 

7. Does this mean that a citizen of Massachusetts 
is entitled, when in South Carolina, to all the rights 
and privileges he enjoyed in Massachusetts t 

It means that he is entitled in South Carolina to 
all the rights and privileges enjoyed by the citizens 
of that state. 

8. What is the provision of the Constitution re- 
specting fugitives from justice f 

"A person charged in any state with treason, 
felony, or other crime, who shall flee from justice, 
6 



82 THE YOUNG CITIZEN'S MANUAL, 

and be found in another state, shall, on the demand 
of the executive authority of the state from which 
he fled, be delivered up to be removed to the state 
having jurisdiction of the crime." — Art. IV. § 2. 2. 

9. What is the provision respecting fugitive 



" No person held to service or labor in one state, 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labor, but shall be 
delivered up on the claim of the party to whom 
such service or labor may be due." — Art. IV. § 2. 3. 

10. By ichorn may new states be admitted into the 
Union, and tonal limitations are there to the power 
of admission? 

" Xew states may be admitted by Congress into 
the Union ; but no new state shall be formed or 
erected within the jurisdiction of any other state, nor 
any state be formed by the junction of two or more 
states, without the consent of the legislatures of the 
states concerned, as well as of Congress." — Art. 
IV. § 3. 1. 

11. What is the power of Congress over the terri- 
tories f 

" Congress shall have power to dispose of and 
make all needful rules and regulations respecting the 
territory or other property belonging to the United 
States ; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
States, or of any particular state." — Art. IV. § 3. 2. 



OR TEXT-BOOK ON GOVERNMENT. 83 



CHAPTER XXII. 

MODE OF MAKING AMENDMENTS. SUPREMACY OF 

THE CONSTITUTION. 

1. What does the Constitution guarantee to every 
state f 

"The United States shall guarantee to every state 
in this Union a republican form of government, and 
shall protect each of them against invasion, and, on 
application of the legislature, or of the executive 
(when the legislature cannot be convened), against 
domestic violence." — Art. IV. § 4. 1. 

2. Suppose there should be an armed opposition 
to the laws of a state by a portion of the people of 
that state, would it be the duty of the President and 
of Congress to interfere f 

It would be their duty to furnish aid in enforcing 
the laws, on application of the legislature, or of the 
governor when the legislature cannot be convened. 

3. Suppose the majority of the people of a state 
should attempt to establish a monarchy f 

It would be the duty of the United States gov- 
ernment to put down the attempt ; for the United 
States are bound to guarantee to every state in the 
Union a republican form of government. 

4. In what ways may the Constitution be amended? 
" Congress, whenever two thirds of both houses shall 

deem it necessary, shall propose amendments to this 
Constitution ; or, on the application of the legislatures 
of two thirds of the several states, shall call a conven- 
tion for proposing amendments, which, in either case, 



S4 THE Y0U3TG CTTiZZ-V's VALVAL, 

shall be valid to all intents and purposes, as a part 
thia C nstitution, when ratified by the legislatures 
of three fourths of the several states, or by com 
tions in three fourths thereof as the one or the other 
mode of ratification may be proposed by the Con- 
gress." — Art Y. 1. 

5. State in what two ways amendments may be 
proposed. 

They may be proposed by Congress, or by a con- 
vention called on application of the legislatures of 
thirds of the states. 

6. In what ways may the proposed amendments 
be ratified? 

By the legislatures of three fourths of the states, 
or by conventions in three fourths of the states, 

7. In what way were the amendments that have 
been made proposed and ratified? 

They were proposed by Congress, and ratified by 
the legislatures of the states. 

8. What limitations are there to the power of 
amendment f 

"Provided, that no amendment which may be 
made prior to the year one thousand eight hundred 
and eight shall in any manner affect the first and 
fourth clauses in the ninth section of the first article ; 
and that no state, without its consent, shall be de- 
prived of its equal suffrage in the Senate." — Art. 
V. 1. 

9. What do the douses above mentioned refer tot 
To the importation qf slaves, and to capitation 

and other direct tax 

10. What is said of debts contracted by the United 
States before the adoption >:/ t\t Co n s titutio nf 



OR TEXT-BOOK ON GOVERNMENT. 85 

"All debts contracted and engagements entered 
into, before the adoption of this Constitution, shall be 
as valid against the United States under this Con- 
stitution, as under the Confederation." — Art. VI. 1. 

11. What is said of the supremacy of the Consti- 
tution ? 

" This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, under 
the authority of the United States, shall be the su- 
preme law of the land; and the judges in every state 
shall be bound thereby, anything in the constitution 
and laws of any state to the contrary notwithstand- 
ing." _ Art. VI. 2. 

12. What does this prohibit? 

It prohibits any state from seceding, and from 
making any law contrary to the Constitution and 
laws of the United States. 

13. What was the doctrine of nullification? 

The right claimed by some of the states to nullify 
an act of Congress within their borders, provided 
they judged the act unconstitutional. 

14. What tribunal has the Constitution made the 
judge as to the constitutionality of laws ? 

The Supreme Court. 

15. Who are bound by oath to support the Con- 
stitution? 

" The senators and representatives before men- 
tioned, and the members of the several state legisla- 
tures, and all executive and judicial officers, both of 
the United States and of the several states, shall be 
bound by oath or affirmation to support this Consti- 
tution." — Art. VI. 3. 



86 THE YOUNG CITIZEN'S MANUAL, 

16. Js there any religious test allowed? 

" But no religious test shall ever be required as a 
qualification to any office or public trust under the 
United States." — Art. VI. 3. 



QUESTIONS FOR REVIEW. 

THE JUDICIARY. 

1. What is the office of the judiciary? 
. 2. Where is the judicial power of the United States vested ? 

3. Of what does the Supreme Court consist? 

4. What are the Circuit Courts ? 

5. Into how many circuits are the United States divided? 

6. Into how many districts are the United States divided ? 

7. How many district judges are there ? 

8. Where and how often does the Supreme Court hold its 
sessions ? 

9. To what does the judicial power extend? 

10. What is meant by equity jurisprudence ? 

11. What are courts of equity commonly called? 

12. Has the Supreme Court both original and appellate 
jurisdiction ? 

13. When does it exercise original jurisdiction? Ans. 
When suits are commenced in that court? 

14. When does it exercise appellate jurisdiction? 

15. In what cases has the Supreme Court original juris- 
diction ? 

16. In what cases has it appellate jurisdiction? 

17. May appeals in some cases be taken from the state to 
the national courts ? 

18. What is the tenure of office of the judges of the United 
States courts? 

19. Who determine the compensation of the judges ? 

20. What limitation is there to the power of Congress in 
this matter? 



OR TEXT-BOOK ON GOVERNMENT. 87 

21. What officers besides judges are connected with the 
courts of the United States ? 

22. What are the duties of the attorney-general and of the 
district attorneys ? 

23. What are the duties of the marshals ? 

24. What are the duties of the clerks ? 

25. What is treason as defined by the Constitution? 

26. What is necessary to convict one of treason? 

27. What punishment has Congress ordained for treason? 

28. What rights has a citizen of New York when he is in the 
state of Georgia? 

29. Suppose a criminal flees from justice to another state, 
how can he be arrested ? 

30. By whom may new states be admitted to the Union? 

31. Under what conditions may a new state be formed from 
a portion of one or more states ? 

32. What is the power of Congress over the territories of 
the United States ? 

33. Do the judges of the territorial courts belong to the 
national judiciary? 

34. Can any state lay aside a republican form of govern- 
ment ? 

35. What is essential to a sovereign state? Ans. That it 
have power to change its form of government whenever it 
chooses to do so. 

36. Suppose a state should attempt to establish a monarchy, 
what would Congress and the President do? 

37. How does it appear that the Constitution requires their 
interference? — Art. IV. § 4. 

38. In what two ways may the Constitution be amended? 

39. In what way have all the amendments been made? 

40. Show that the Constitution is supreme. — Art. VI. 2. 

41. What officers are required to take an oath or affirma- 
tion to support the Constitution ? 

42. Can any religious test be required as a qualification for 
office? 



88 THE YOUNG CITIZENS MANUAL, 

CHAPTER XXIII. 

AMENDMENTS TO THE CONSTITUTION. 

1. When were most of the amendments to the 
Constitution made? 

Soon after the adoption of the Constitution. 

2. To what were they owing f 

Several of the states proposed to adopt the Con- 
stitution on condition that certain amendments be 
made ; but they were led to adopt it unconditionally, 
and to recommend the amendments desired. 

3. What action was taken in the matter? 
Congress selected the most important articles thus 

recommended, and proposed them to the legislatures 
of the states, by whom they were adopted, and thus 
became parts of the Constitution. 

4. Can Congress establish a state religion f 

" Congress shall make no law respecting an estab- 
lishment of religion, or prohibiting the free exercise 
thereof." — Art. I. 

5. Suppose Congress should make a law favoring 
one religious denomination at the expense of another f 

It would be unconstitutional. 

6. Can Congress abridge freedon of speech or of 
the press f 

They cannot make any law " abridging the free- 
dom of speech or of the press." — Art. I. 

7. Do laws forbidding slander and libel abridge 
the freedom of speech or of the press f 

They do not. 



OK TEXT-BOOK ON GOVERNMENT. 89 

8. Is the right of petition guaranteed by the Con- 
stitution? 

It is ; for Congress can pass no law interfering 
with " the right of the people peaceably to assemble, 
and to petition the government for a redress of 
grievances." — Art. I. 

9. Is it the duty of Congress to receive all peti- 
tions that are respectfully presented? 

It is. 

10. Can the government disarm the people? 

"A well regulated militia being necessary to the 
security of a free state, the right of the people to 
keep and bear arms shall not be infringed." — 
Art. II. 

11. What is said respecting quartering soldiers? 
" No soldier shall, in time of peace, be quartered in 

any house, without the consent of the owner, nor in 
time of war, but in a manner to be prescribed by 
law."— Art. III. 

12. What is the provision against unreasonable 
searches and seizures? 

" The right of the people to be secure in their per- 
sons, houses, papers, and effects against unreasonable 
searches and seizures shall not be violated." — 
Art. IV. 

13. What is required in order that a warrant 
can be issued by a magistrate? 

" No warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly 
describing the place to be searched, and the person 
or things to be seized." — Art. IV. 

14. What is required before a man can be tried 
for a capital or infamous crvnie ? 



90 THE YOUNG CITIZEN'S iTAXFAL, 

M No person shall be held to answer for a capital, 
or otherwise infamous crime, unless on a presentment 
or indictment of a grand jury, except in cases arising 
in the land or naval forces, or in the militia, when in 
actual service in time of war or public danger." — 
Art. V. 

15. What is an indictment ? 

An accusation, indorsed by the grand jury, certi- 
fying that they have found sufficient evidence of 
guilt to justify the trial of the accused. 

16. Suppose a man has been tried for his life, and 
acquitted for ivant of evidence of his guilt, and af- 
terwards overwhelm ing proof of h is guilt is found? 

He cannot be arrested and tried again ; for the 
.Constitution says, " Xor shall any person be subject 
for the same offence to be twice put in jeopardy of 
life or limb." — Art. V. 

17. Can any one be com/jelled to bear icitness 
against himself? 

Xo one " shall be compelled, in any criminal case, 
to be a witness against himself, nor be deprived of 
life, liberty, or property, without due process of law." 
— Art. V. 

18. Can the government take far the public use 
the property of citizens/ 

Not without just compensation; for the Constitu- 
tion forbids that " private property be taken for pub- 
lic use without just compensation." — Art. V. 

19. What provision is made for the tried of those 
accused of crime ? 

"In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an 
impartial jury of the state and district wherein the 



OR TEXT-BOOK ON GOVERNMENT. 91 

crime shall have been committed, which district 
shall have been previously ascertained by law." — 
Art. VI. 

20. What injustice does this provision guard 
against f 

It secures the accused against along imprisonment 
before being brought to trial, and prevents them 
from being taken for trial to a part of the country 
remote from the scene of the alleged crime. 

21. What further provision is made for justice to 
the accused ? 

The Constitution requires that he "be informed 
of the nature and cause of the accusation ; to be 
confronted with the witnesses against him ; to have 
compulsory process for obtaining witnesses in his 
favor ; and to have the assistance of counsel for his 
defence." — Art. VI. 

22. Are such safeguards necessary f 

The history of the past shows that men were often 
condemned to punishment without knowing the 
crimes with which they were charged, nor the testi- 
mony that was brought against them, and without 
having the means or opportunity of defence. 

23. What is the provision for trial by jury in 
suits at common law? 

" In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of 
trial by jury shall be preserved ; and no fact tried by 
a jury shall be otherwise reexamined in any court of 
the United States than according to the rules of the 
common law." — Art. VII. 

24. What is the provision in relation to excessive 
bail and cruel punishments f 



92 THE YOUNG CITIZEN'S MANUAL, 

" Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel nor unusual punishments 
inflicted.".— Art. VIII. 

25. What is the ninth article of amendment f 

" The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage 
others retained by the people." 

26. What is the tenth article f 

" The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the 
states, are reserved to the states respectively, or to 
the people." 

27. Does the word " expressly " occur before " dele- 
gated"? 

It does not. 

28. What is the amendment relating to the judi- 
cial power f 

" The judicial power of the United States shall 
not be construed to extend to any suit in law or 
equity commenced or prosecuted against any one of 
the United States by citizens of another state, or by 
citizens or subjects of a foreign state." — Art. XI. 

29. What was the object of this amendment ? 

To prevent suits from being brought against a 
state by citizens of another state. 

30. If a citizen is vironged by a state, how can he 



By the passage by the legislature of the state of a 
law for his relief. 

31. WJiat is the last amendment to the Consti- 
tution f 

"1. Neither slavery nor involuntary servitude, 
except as a punishment for crime, whereof the party 



OR TEXT-BOOK ON GOVERNMENT. 93 

shall have been duly convicted, shall exist within 
the United States, or any place subject to their 
jurisdiction. 

" 2. Congress shall have power to enforce this 
article by appropriate legislation." 

. 32. When was the adoption of this amendment 
officially announced. 
On December 18, 1865. 



CHAPTER XXIY. 

CONSTITUTIONS OF THE STATES. 

1. What may be said of the constitutions of the 
several states ? 

They are, in the main, similar to the Constitution 
of the United States, and similar to one another. 

2. How were they made f 

By conventions of delegates chosen in each state 
for that purpose. 

3. How do they all divide the powers of govern- 
ment f 

Into the legislative, judicial, and executive depart- 
ments. 

4. Are all the state legislatures composed of two 
houses f 

They are. 

5. How often do the legislatures meet f 

In most of the states they meet annually; in some 
biennially. 



94 THE YOUNG CITIZEN'S MANUAL, 

6. "Where is the executive poicer in each state 
vested? 

In a governor. 

7. Are all the governors possessed cf equal powers ? 
There is a difference in different states. 

8. Are the judicial systems of the several states 
similar ? 

They are similar in many respects, and yet con- 
siderable differences exist. 

9. Sow are the judges appointed f 

In some states they are appointed by the gov- 
ernor and senate, or by the governor and council ; in 
others, they are appointed by the legislature ; and in 
others, they are elected by the people. 

10. What is the tenure of office of the judges? 

In some states it is during good behavior, and in 
some they are appointed or elected for a year or 
term of years. 

11. Wherein does the jurisdiction of the state 
courts differ from that of the national courts ? 

The state courts have jurisdiction of cases which 
arise under the laws of the state. 

12. Are the operations of the nationcd and state 
courts perfectly distinct ? 

Appeals in some cases are made from the state to 
the national courts, and in regard to some tilings, 
the national and state courts have concurrent juris- 
diction. 

13. By what inferior officers is a large part of 
the judicial business of the country transacted? 

By justices of the peace. 



OR TEXT-BOOK ON GOVERNMENT. 95 

14. To what is this owing ? 

To the fact that they have jurisdiction in smaller 
matters, in regard to which the great majority of 
cases of litigation take place. 

15. How are they appointed? 

In some states they are appointed by the state 
governments, and in others they are elected by the 
people. 

16. What is the advantage of having state govern- 
ments in addition to the national government ? 

The state governments make and execute the laws 
required- by the peculiar interests of each state. 

17. Could not the general government malce those 
laws ? 

It would be impossible for Congress to make the 
great number of laws which are needed for the well- 
being of all the people in so extensive a country as 
the United States. 

18. How are the states divided? 

All the states are divided into counties except 
South Carolina, which is divided into districts, and 
Louisiana, which is divided into parishes. 

19. Is there a county government in each county? 
There are certain county officers in each county, 

and there is a county seat, where courts are held and 
an office kept for recording legal documents. 

20. How are the counties divided? 

In New England, New York, and some other 
states, they are divided into townships. 

21. WJiat powers do the townships possess ? 

The inhabitants meet annually to elect officers for 
the township, and to make regulations in regard to 
local matters. 



96 THE YOUNG CITIZEN'S MANUAL, 

22. What is a city government f 

A local government possessing certain powers 
contained in a charter granted by the legistature of 
the state. 

23. Where are the legislative powers of the gov- 
ernment of the city of New York vested? 

They are vested in a board of aldermen and a 
board of councilnien, which together constitute the 
common council of the city. 

24. On what subjects may they legislate f 

On those only which are specified in the charter. 

25. Who is the chief executive officer of the city? 
The mayor. 

26. What is necessary in order that an act of the 
common council may be valid f 

It must pass both boards, and receive the signa- 
ture of the mayor. 

27. Suppose he vetoes it ? 

It may become valid without his signature, if 
passed by two thirds of both boards. 

28. Are the city governments in our country simi- 
lar to one another ? 

All the large cities of the Union have charter gov- 
ernments similar to that of New York. 



OB TEXT-BOOK ON GOVERNMENT. 97 

QUESTIONS FOR REVIEW. 

AMENDMENTS. — STATE GOVERNMENTS. 

1. "What did some of the states connect with their ratifica- 
tions of the Constitution ? 

2. What action was taken by Congress in regard to these 
recommendations ? 

3. Can Congress pass a law for the union of church and 
state ? 

4. What does the Constitution secure to every citizen as to 
his religion ? 

5. Can Congress pass a law punishing a man for speaking 
and writing against the government ? 

6. Why not? 

7. Suppose a man is guilty of slander or libel ? 

8. Is Congress under obligation to receive all petitions 
that are properly presented ? 

9. How does that appear? 

10. Can Congress prohibit citizens from keeping and bear- 
ing arms ? 

11. What is necessary before a man can be tried for an 
infamous or a capital crime? 

12. Suppose a man has been tried for his life and acquitted ? 

13. What security does the Constitution furnish against a 
long imprisonment of the accused before he is tried ? 

14. What other provisions are there for securing justice to 
the accused? 

15. What provisions against excessive bail and cruel pun- 
ishments ? 

16. What was the object of the amendment officially an- 
nounced on December 18, 1865? 

17. How were the state constitutions formed? 

18. How do they compare with the Constitution of the 
United States ? 

19. How do they all divide the powers of government? 

20> Of what are the legislatures of all the states composed? 
7 



98 THE YOUNG CITIZEN'S MANUAL, 

21. What are the executives of the states called? 

22. Are the judiciaries of the states similar to that of the 
United States ? 

23. What laws are they to interpret ? 

24. Can they ever decide contrary to the laws of the United 
States ? 

25. What is the tenure of office of the judges ? 

26. Into what are the states divided? 

27. What is the advantage of having state governments ? 

28. Suppose a state pass a law conflicting with a law of the 
United States ? 



CHAPTER XXV. 

THE ENGLISH CONSTITUTION. 

1. What kind of a government is the English 
government f 

A limited hereditary monarchy. 

2. Is it a constitutional government f 
It is. 

3. Has it a written or unwritten Constitution f 

It has no written Constitution, like ours, adopted 
by the vote of the people. 

4. Of what, then, does it consist f 

It consists partly of established usages having the 
force of law, and partly of written laws. 

5. Sow are the powers of the government divided? 
They are divided into the legislative, the judicial, 

and the executive departments. 

6. Where does the legislative power reside f 
In Parliament. 



OR TEXT-BOOK ON GOVERNMENT. 99 

7. Of what is Parliament composed ? 

Of the House of Commons and the House of Lords. 

8. Of what is the House of Commons composed? 
The House of Commons is composed of six hun- 
dred and fifty-five members, chosen by the people. 

9. Who may vote for members of the House of 
Commons ? 

Those citizens who occupy, as owner or tenant, 
any house or other building of the clear yearly value 
of not less than ten pounds, provided they have paid 
the poor rates and assessed taxes. 

10. For what length of time are the members 
chosen ? 

For seven years, unless Parliament is sooner dis- 
solved by the Bang. 

11. Has the King power to dissolve Parliament? 
He can dissolve Parliament whenever he pleases, 

and order a new election of members of the House 
of Commons. 

12. How often does Parliament meet ? 
It meets annually. 

13. What are the powers of Parliament ? 

The power of Parliament to make laws is unlim- 
ited, except by the constitutional usages. 

14. What is necessary in order that a bill may 
become a law ? 

It must receive a majority of the votes of both 
houses of Parliament, and receive the assent of the 
King. 

15. What compensation do the members of the 
House of Commons receive ? 

They receive no pecuniary compensation, the 
honor of being a member being deemed sufficient. 



100 THE YOUNG CITIZEN'S MANUAL, 

16. At what age may a man become a member of 
the House of Commons f 

Twenty-one years. 

17. Where must all bills for revenue originate f 
In the House of Commons. 

18. Can the House of Lords alter or amend such 
a bill? 

They cannot ; they must pass or reject it without 
alteration. 

19. What power does this give the House of 
Commons f 

They can attach to a revenue bill any provisions 
they please, and the lords must assent to them, or 
reject the bill, and thus leave the government with- 
out funds. 

20. Can the Senate of the United States alter and 
amend a bill for revenue ? 

They can. 

21. Who presides over the House of Commons ? _ 
The Speaker, who is chosen by the house, but 

must be approved by the King. 

22. How is the House of Lords composed f 

The House of Lords is composed of the peers of 
England, sixteen representative peers of Scotland, 
and twenty-eight representative peers of Ireland, 
and the archbishops and bishops of the church of 
England. 

, 23. Who are the peers of England f 
The nobility of England. 

24. What are the different orders of nobility ? 
Dukes, marquises, earls, viscounts, and barons. 



OR TEXT-BOOK ON GOVERNMENT. 101 

25. Who succeeds to the title and seat of a peer 
at his death t 

His oldest sou or nearest surviving male heir. 

26. Why do not all the peers of Scotland and Ire- 
land have seats in the House of Lords ? 

When Scotland and Ireland were united to the 
British crown, it was agreed that the peers of Scot- 
land should elect sixteen of their number, and the 
peers of Ireland twenty-eight, to have seats in the 
House of Lords. 

27. Who is the presiding officer of the Mouse of 
Lords? 

The Lord High Chancellor. 

28. Where does the power of impeachment reside? 
In the House of Commons. 

29. By whom are impeachments tried ? 
By the House of Lords. 

30. What punishment may be inflicted in case of 
conviction ? 

Removal from, and disqualification for, holding 
office, banishment, forfeiture of goods, imprisonment, 
and death. 

31. Are the sessions of Parliament open to spec- 
tators f 

No one can be present without an order for ad- 
mission signed by some member. 



102 THE YOUNG CITIZEN'S MANUAL, 

CHAPTER XXVI. 

THE ENGLISH EXECUTIVE. 

1. Where does the executive power reside? 
In the King. 

2. What is a maxim of the English Constitution 
in regard to the King ? 

"The King can do no wrong." 

3. What is the meaning of that maxim ? 

The responsibility of all executive acts rests not 
with the King, but with his ministers. 

4. Who are the ministers f 

Men appointed by the King to conduct the execu- 
tive affairs of the government. 

5. Are the ministers responsible for all the official 
acts of the King ? 

They are. 

6. Suppose the King commands them to do an ille- 
gal act ? 

They can be punished for doing it. 

7. How could they avoid doing the illegal act ? 
By resigning their offices. 

8. What constitutes the administration in the 
British government? 

The King's ministers. 

9. What is their tenure of office f 
They hold office at the will of the King. 

10. Can the ministers, be also members of the 
Mouse of Commons? 

They may; but they must be elected after they 
have been appointed ministers. 



OR TEXT-BOOK ON GOVERNMENT. 103 

11. What usually takes place when a majority of 
the House of Commons is opposed to the measures 
of the administration ? 

The ministers resign, and new ministers are ap- 
pointed, whose views are supposed to correspond 
with those of the majority of the House of Com- 
mons. 

12. What other course is sometimes taken ? 
They advise the King to dissolve Parliament, and 

order the election of a new House of Commons. 

13. When is this course taken? 

When the ministers believe that they can secure 
in the new house a majority favorable to their views. 

14. What power has the King with respect to war 
and peace ? 

He has the sole power to declare war and make 
peace. 

15. Does not this give the King nearly absolute 
power? 

No ; for he cannot carry on war without money, 
and he can get no money unless it is voted by a 
majority of the House of Commons. 

16. The sword and the purse, then, are not in the 
same hands ? 

The King holds the sword, and the House of Com- 
mons the purse. 

17. By whom are all civil and military officers of 
the government appointed! 

By the King. 

18. What is their tenure of office f 

All officers, except the judges, hold office at the 
will of the King. 



104 THE YOUNG CITIZEN'S ilAXUAL, 

19. What is the relation of the King to the estab- 
lished church? 

He is the head of the church. 

20. By ichom are the bishops appointed? 
By the King acting by his ministers. 

21. Can the King suspend or alter any lav: ? 
He cannot. 

22. Does he possess an absolute veto on all acts 
of Parliament ? 

He does ; but that power has not been exercised 
for nearly two centuries. 

23. What is meant by the maxim, " The King 
never dies " ? 

That the executive department is never vacant. 
As soon as the King dies, his successor is immediately 
clothed with all his authority. 

24. Of whom does the Privy Council consist? 
The Privy Council consists of such persons as the 

King sees fit to appoint. 

25. What power has the Privy Council? 

It has power to decide questions relating to colo- 
nial charters and rights, and in relation to commerce. 



CHAPTER XXVII. 

THE ENGLISH JUDICIAET. 

1. What is the highest court in England? 
The High Court of Chancery. 

2. Who p/resides over it ? 
The Lord High Chancellor. 



OR TEXT-BOOK ON GOVERNMENT. 105 

3. By whom is he appointed ? 
By the King. 

4. What is his tenure of office ? 

The will of the King ; but as he is a cabinet officer, 
he usually comes into and goes out of office with the 
administration. 

5. Is the Court of Chancery solely a court of 
equity f 

It is both a court of equity and of common law ; 
but the equitable jurisdiction constitutes its principal 
business. 

6. What inferior Courts of Chancery are there f 
The Court of the Master of the Rolls, and the 

Courts of the Vice-Chancellors of England. 

7. What are the Superior Courts of Westminster 
Hall? 

The King's Bench, the Common Pleas, and the 
Court of Exchequer. 

8. Were the jurisdictions of these courts originally 
distinct f 

They were. 

9. What cases did the King's Bench take cogni- 
zance off 

Criminal cases. 

10. What suits were Drought before the Common 
Pleas f 

Suits respecting land titles and contracts. 

11. To what did the jurisdiction of the Court of 
Exchequer relate f 

To matters relating to the King's revenue. 



106 THE YOUNG CITIZENS MANUAL, 

12. What may be said of the jurisdiction of these 
courts now f 

The three courts possess concurrent jurisdiction in 
all civil matters, except that real actions must be 
brought in the Court of Common Pleas. 

13. What is a real action ? 

An action relating to real estate. 

14. Of what does the Court of the King's Bench 
consist ? 

Of one Chief Justice, and four puisne judges, as 
they are termed. 

15. Of what does the Common Pleas consist? 
Of a Chief Justice and four puisne judges. 

16. Of what does the Court of Exchequer consist? 
Of one Chief Baron and four puisne barons. 

17. How are the judges appointed*! 
By the King. 

18. What is their tenure of office? 
During good behavior. 

19. Which court of the three Superior Courts is 
the highest in rank ? 

The King's Bench. 

20. Which is next in rank ? 
The Common Pleas. 

21. To what body may appeals from the Court 
of Chancery and* the Courts of Westminster Hall be 
taken ? 

To the House of Lords. 

22. Who always presides when the Souse of Lords 
sits as a court of appeal in civil trials ? 

The Lord High Chancellor. 



OR TEXT-BOOK ON GOVERNMENT. 107 

23. What other members of the legal profession 
are always present f 

The judges of the Superior Courts of Westminster 
Hall and the attorney-general. 

24. Do they take any part in the proceedings ? 
Their opinions are taken on all difficult questions. 

• 25. What original criminal jurisdiction does the 
House of Lords possess ? 

All peers of the realm are exempt from trial by 
jury for treason and felony, and can be tried for 
those crimes only by the House of Lords. 

26. What is the Court of Admiralty f 
A court that takes cognizance of causes relating 
to .maritime affairs. 



CHAPTER XXVIII. 

INTERNATIONAL LAW. 

I. What is international law? 

The rules that regulate the intercourse of nations. 

2. What should those rules be founded on? 
Justice. 

3. What do they consist off 

The usages to which all Christian nations have 
given their assent. 

4. Is international law the result of legislation ? 
It is not. There is no international legislature to 

make laws for the government of the nations. 



108 THE YOUNG CITIZEN'S MANUAL, 

5. When does a rule or 'principle became a part 
of international law ? 

When it has received the assent of all the nations 
of Christendom. 

6. In the vieio of international law> what relation 
do nations sustain to one another? 

The relation of equality. 

7. What follows from this equality? 

That every nation has a right to regulate its own 
concerns, and that no nation should interfere with 
the internal affairs of another. 

8. What effect do changes in the government of a 
nation have on its relations to other nations ? 

They have no effect. Treaties formed with a na- 
tion under a kingly government remain in force 
though that kingly government be changed to a 
democracy. 

9. What does the jurisdiction of a nation em- 
brace ? 

A nation has exclusive jurisdiction over all its 
territory, and over the adjoining sea to the extent 
of a marine league from the shore. 

10. To whom does the open sea belong ? 

The open sea is the common property of all 
nations. 

11. What rights have foreigners residing in a 
country ? 

They are subject to the laws of the country in 
which they reside, and can claim protection and 
justice, though they cannot claim all the privileges 
of citizens. 



OR TEXT-BOOK ON GOVERNMENT. 109 

12. Are ambassadors residing in a foreign coun- 
try subject to its laics ? 

They are not. They are the representatives of 
the country from which they are sent, and are sub- 
ject to its laws only. 

13. What is a treaty? 

A treaty is a contract between two or more 
nations. 

14. Suppose one party violates the treaty ? 

The other party is released from obligation to 
observe it. 

15. Suppose a nation is treated unjustly by 
another, and is refused redress? 

Then war is its only means of redress. 

16. Is a formal declaration of war, and notice 
thereof to the enemy, necessary before commencing 
hostilities ? 

It is not. After a declaration of war within its 
own territory, a nation may commence hostilities. 

17. What is the effect of a state of war on com- 
merce ? 

A state of war renders all commercial intercourse 
between the citizens of the nations at war unlawful. 

18. What property is liable to capture? 

An enemy's property of whatever character at sea 
is liable to capture and confiscation. 

19. What must be done with property thus cap- 
tured? 

It must be brought into port, and condemned by 

a prize court sitting in the country of the captor or 

of an ally, before it can be appropriated by the 
captor. 



110 THE YOUNG CITIZEN'S MANUAL, 

20. May any one capture the enemy's property at 
sea? 

Those only can make captures who have commis- 
sions from the government. 

21. When two or more nations are at war, what 
is the duty of other nations ? 

All other nations are bound to maintain an im- 
partial neutrality. 

22. What are the rights of neutrals ? 

Neutral nations have a right to carry on their 
ordinary commerce with the nations at war. They 
must not deal in articles contraband of war. 

23. What are contraband articles ? 

Arms and ammunition and other articles used in 
military operations. 

24. From what are neutrals prohibited? 
Neutrals are prohibited from trading with ports 

that are under blockade. 

25. When is a port blockaded*! 

When there is at hand a force sufficient to prevent 
vessels from leaving or from entering it. 

26. WJiat is the penalty of attempting to violate 
' the blockade ? 

The confiscation of the ship and cargo, if captured. 

27. Suppose a neutral is in the port at the time 
the blockade is declared? 

He is allowed to depart with goods previously 
purchased. 

28. Wliat is the right of search? 

The right of public armed vessels of the belliger- 
ents to visit and search the vessels of neutrals, in 
order to determine whether property or despatches 
of the enemy, or contraband goods, are on board. 



OR TEXT-BOOK ON GOVERNMENT. Ill 

29. What is a truce ? 

A truce or armistice is a temporary suspension of 
the operations of war. 

30. Wliat can be done during a truce ? 
Nothing to the prejudice of either party by the 

other which could have been prevented in war. 

31. Is piracy forbidden by the law of nations? 

It is. Piracy is an offence against all nations, and 
is punishable by all, at will. 

32. Is international law recognized in the legisla- 
tion of nations? 

It is. Nations have laws rendering its violation 
penal. According to Blackstone, it is in England 
held to be a part of the law of the land. 

33. How is it viewed by the United States ? 

The United States, by acts of Congress and by 
judicial decisions, have endeavored to maintain its 
obligations. 



QUESTIONS FOR REVIEW. 

CONSTITUTION OP GREAT BRITAIN. 

1. What is the government of Great Britain? 

2. Has it a written constitution? 

3. How are the powers of government divided ? 

4. Where does the legislative power reside ? 

5. Of what is Parliament composed? 

6. Of what is the House of Commons composed? 

7. Of what is the House of Lords composed? 

8. How does the mode of passing laws compare with that 
of Congress ? 

9. Where must all hills for revenue originate? 
10. Can the Lords alter or amend a revenue bill ? 



112 THE YOUNG CITIZENS MANUAL, 

11. Can the Senate alter or amend such a bill? 

12. Who presides over the House of Commons? 

13. Who presides over the House of Lords? 

14. What is necessary that one may be admitted to witness 
the deliberations of each house of Parliament ? 

15. Are the ordinary sessions of Congress open to all? 

16. Where does the power of impeachment reside? 

17. Where are impeachments tried? 

18. What punishments may follow conviction on impeach- 
ment? 

19. Wherein does the Constitution of the United States 
differ in this respect? 

20. Where is the executive power vested? 

21. What is meant by the maxim, "The King never dies " ? 

22. How does the King exercise his power? 

23. Who are his ministers ? 

24. Who constitute the administration? 

25. What is meant by the maxim, "The King can do no 
wrong"? 

26. Who are responsible for all executive acts? 

27. May the ministers be members of Parliament? 

28. May the members of the United States cabinet have 
seats in Congress ? 

29. Can military officers have seats in Parliament? 

30. By whom can Parliament be dissolved? 

31. Has the President any such power over Congress? 

32. When is Parliament usually dissolved? 

33. Who has the sole power to declare war and make peace ? 

34. Who must furnish the money to carry on war ? 

35. Who may declare war on the part of the United States? 

36. Who may make peace ? 

37. Who has the control of the public purse of Great 
Britain ? 

33. Who appoints all civil and military officers ? 

39. Who has power to give titles of nobility? 

40. Who is the head of the established church? 

41. Of whom does the Privy Council consist? 

42. What powers have the Privy Council ? 

43. What is the highest court of England? 

44. Who presides in this court? 



OR TEXT-BOOK ON GOVERNMENT. 113 

45. What is his tenure of office? 

46. What are the three Courts of Westminster Hall ? 

47. Which is the highest in rank? 

48. Of what does the King's Bench consist? 

49. Of what does the Common Pleas consist? 

50. Of what does the Court of Exchequer? 

51. What is the tenure of office of the judges ? 

52. What is the final court of appeal for all the higher 
courts ? 



CHAPTER XXIX. 

DIFFERENT KINDS OF LAW. 

1. What is divine law f 
Divine law is the will of God. 

2. What relation should all laws sustain to it f 
All other laws should be conformed to it. 

3. What is constitutional law f 

A system of fundamental rules determining the 
form of the government and the extent of its power. 

4. What is international law ? 

A system of rules assented to by all the nations of 
Christendom for the regulation of their intercourse 
in peace and war. 

5. What is municipal law ? 

Municipal law is a rale of civil conduct prescribed 
by the supreme power in the state. Municipal law 
is composed of written and unwritten law ; that is, 
statute and common law. 



114 THE YOUNG CITIZEN'S MANUAL, 

6. What is statute law f 

Statute law "is the express written will of the 
legislature, rendered authentic by certain prescribed 
forms and ceremonies." 

7. What is common law f 

" Common law," says Burrill, " is that branch of 
the law of England which does not owe its origin to 
parliamentary enactment, being a collection of cus- 
toms, rules, and maxims which have acquired the 
force of law by immemorial usage recognized and 
declared by judicial proceedings." 

8. What is the civil law f 

The civil law is the Roman law, as comprised in 
the Code, Institutes, Pandects, and Novels of the 
Emperor Justinian and his successors. 

9. What is the Code ? 

" The Code, in twelve books, is a collection of all 
the imperial statutes that were thought worth pre- 
serving from Hadrian to Justinian." 

10. What are the Institutes f 

" The Institutes, or elements of Roman law, in four 
books, contain the fundamental principles of the 
ancient law in a small body, for the use and benefit 
of students at law." 

11. What are the Pandects f 

The Pandects are an abridgment, in fifty books, of 
the decisions of praetors and the writings and opin- 
ions of the ancient sages in the law. 

12. What are the Novels f 

The Novels of Justiaian are a collection of imperial 
statutes passed subsequently to the date of the Code, 
and intended to supply the omissions and correct 
the errors of the preceding publications. 



OR TEXT-BOOK ON GOVERNMENT. 115 

13. Wliat influence has the Roman, laio had on 
the legislation of modern Europe ? 

The Roman law lies at tbe foundation of all the 
legislative systems of Europe, except that of Eng- 
land. 

14. What is the canon law ? 

The canon law is a collection of ordinances for 
the regulation of the polity and discipline of the 
church of Rome. 

15. What is martial law ? 

Martial law is a system of rules for the govern- 
ment of an army. When martial law is proclaimed - 
in a city or district, municipal law is suspended, and 
the will of the military commander becomes the 
supreme law. 

16. What is parliamentary law f 

It is a system of rules for regulating the proceed- 
ings of legislative and other deliberative bodies. 

17. Whence were these rules originally derived? 
They were originally derived from the usages of 

the British Parliament, and have been, with some 
modifications, adopted by Congress and the state 
legislatures. 

18. Are not all deliberative bodies at liberty to 
make their own rules f 

They are ; but the same rules have been very gen- 
erally adopted by all parliamentary bodies. 



116 THE YOUNG CITIZEN'S MANUAL, 

QUESTIONS FOR REVIEW. 

INTERNATIONAL LAW. DIFFERENT KINDS OF LAW. 

1. What is international law ? 

2. When does a rule or principle become a part of interna- 
tional law? 

3. What relations do nations sustain to one another in the 
view of international law ? 

4. May one country interfere with the domestic concerns 
of other nations ? 

5. What effect has a change of government in a nation on 
its relations to* other nations ? 

6. What is the remedy when one nation injures another, 
and refuses to make redress? 

7. What effect has war on the lawfulness of commercial 
intercourse between the people of the nations at war? 

8. What property of an enemy is liable to capture? 

9. May any one capture and appropriate the property of 
an enemy? 

10. When war exists between two or more nations, what is 
the duty of other nations ? 

11. What rights have neutrals as to trade? 

12. What are contraband goods ? 

13. When is a port blockaded? 

14. What is the penalty of violating a blockade ? 

15. To whom does the sea belong? 

16. How far from land does the jurisdiction of a country 
extend ? 

17. What is a treaty ? 

18. Suppose one party fails to observe its stipulations? 

19. What is the moral or divine law? Ans. The law of 
right. 

20. What is the standard of this law? Ans. The will of 
God. 

21. What relation should all other kinds of law sustain 
to it? 



OK TEXT-BOOK ON GOVERNMENT. 117 

22. What is constitutional law? 

23. What is municipal law ? 

24. What is statute law ? 

25. What is the common law? 

26. What is the civil law ? 

27. What is the Code ? 

28. What are the Institutes ? 

29. What are the Pandects ? 

30. What are the Novels ? 

31. What is canon law? 

32. What is martial law? 

33. What is parliamentary law? 






CONSTITUTION 



UNITED STATES OF AMERICA. 



PREAMBLE. 



We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defence, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America. 

ARTICLE I. 

Section I. — 1. All legislative powers herein granted shall 
be vested in a Congress of the United States, which shall con- 
sist of a Senate and House of Representatives. 

Sec. II. — 1. The House of Representatives shall be com- 
posed of members chosen every second year, by the people of 
the several states ; and the electors in each state shall have 
the qualifications requisite for electors of the most numerous 
branch of the state legislature. 

2. No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven years 
a citizen of the United States, and who shall not, when elected, 
be an inhabitant of that state in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned 
among the several states which may be included within this 

(119) 



120 THE YOUNG CITIZEN'S MANUAL, 

Union, according to their respective numbers, which shall tfe 
determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and ex- 
cluding Indians not taxed, three fifths of all other persons. 
The actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such manner as 
they shall by law direct. The number of representatives shall 
not exceed one for every thirty thousand, but each state shall 
have at least one representative ; and until such enumeration 
shall be made, the State of New Hampshire shall be entitled 
to choose three; Massachusetts, eight; Ehode Island and 
Providence Plantations, one; Connecticut, five; New York, 
six ; New Jersey, four ; Pennsylvania, eight ; Delaware, one ; 
Maryland, six; Virginia, ten; North Carolina, five; South 
Carolina, five; and Georgia, three. 

4. When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of elec- 
tion to fill such vacancies. 

5. The House of Kepresenl^atives shall choose their speaker 
and other officers, and skall have the sole power of impeach- 
ment. 

Sec. III. — 1. The Senate of the United States shall be 
composed of two senators from each state, chosen by the 
legislature thereof, for six years ; and each senator shall have 
one vote. 

2. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may 
be, into three classes. The seats of the senators of the first 
class shall be vacated at the expiration of the second year ; of 
the second class, at the expiration of the fourth year; and of 
the third class, at the expiration of the sixth year, so that one 
third may be chosen every second year ; and if vacancies hap- 
pen, by resignation or otherwise, during the recess of the 
legislature of any state, the executive thereof may make tem- 
porary appointments until the next meeting of the legislature, 
which shall then fill such vacancies. 

3. No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabit- 
ant of that state for which he shall be chosen. 



OR TEXT-BOOK ON GOVERNMENT, 121 

4. The vice-president of the United States shall be presi- 
dent of the Senate, but shall have no vote unless they be 
equally divided. 

5. The Senate shall choose their other officers, and also a 
president pro tempore, in the absence of the vice-president, or 
when he shall exercise the office of president of the United 
States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath 
or affirmation. When the president of the United States is 
tried, the chief justice shall preside; and no person shall be 
convicted without the concurrence of two thirds of the mem- 
bers present. 

7. Judgment, in case of impeachment, shall cot extend 
farther than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit, under the 
United States ; but the party convicted shall, nevertheless, be 
liable and subject to indictment, trial, judgment, and. punish- 
ment, according to law. 

Sec. IV. — 1. The times, places, and manner of holding 
elections for senators and representatives shall be prescribed 
in each state by the legislature thereof; but the Congress may, 
at any time, by law, make or alter such regulations, except as 
to the places of choosing senators. 

2. The Congress shall assemble at least once in every year ; 
and such meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Sec. V. — 1. Each house shall be the judge of the elections, 
returns, and qualifications of its own members; and a majority 
of each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members, in such manner 
and under such penalties as each house may provide. 

2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the 
concurrence of two thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may, in their judgment, require secrecy; and the yeas and 
nays of the members of either house, on any question, shall, 



122 THE YOUNG CITIZEN'S MANUAL, 

at the desire of one fifth of those present, be entered on the 
journal. 

4. Neither house, during the session of Congress, shall, 
without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two houses 
shall be sitting. 

Sec. VI. — 1. The senators and representatives shall re- 
' ceive a compensation for their services, to be ascertained by 
law, and paid out of the treasury of the United States. They 
shall, in all cases except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance at the 
session of their respective houses, and in going to and return- 
ing from the same; and for any speech or debate in either 
house, they shall not be questioned in any other place. 

2. No senator or representative shall, during thetime for 
which he was elected, be appointed to any civil offiee under 
the authority of the United States, which shall have been cre- 
ated, or the emoluments whereof shall have been increased 
during such time ; and no person holding any office under the 
United States shall be a member of either house during his 
continuance in office. 

Sec. VII. — 1. All bills for raising revenue shall originate 
in the House of Representatives ; but the Senate may propose 
or concur with amendments as on other bills. 

2. Every bill which shall have passed the House of Repre- 
sentatives and the Senate shall, before it become a law, be 
presented to the president of the United States; if he ap- 
prove, he shall sign it ; but if not, he shall return it, with his 
objections, to that house in which it shall have originated; who 
shall enter the objections at large on their journal, and pro- 
ceed to reconsider it. If, after such reconsideration, two 
thirds of that house shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, by which 
it shall likewise be reconsidered ; and if approved by two thirds 
of that house, it shall become a law. But, in all such cases, the 
votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectively. 
If any bill shall not be returned by the president within ten 
days (Sundays excepted) after it shall have been presented Lo 



OE TEXT-BOOK ON GOYEENMENT. 123 

him, the same shall be a law in like manner as if he had 
signed it, unless the Congress by their adjournment prevent 
its return, in which case it shall not be a law. 

3. Every order, resolution, or vote, to which the concur- 
rence of the Senate and House of Representatives may be 
necessary (except on a question of adjournment), shall be pre- 
sented to the president of the United States, and, before the 
same shall take effect, shall be approved by him; or being 
disapproved by him, shall be repassed by two thirds of the 
Senate and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill. 

Sec. VIII. — The Congress shall have power, — 

1. To lay and collect taxes, duties, imposts, and excises; 
to pay the debts and provide for the common defence and gen- 
eral welfare of the United States ; but all duties, imposts, and 
excises shall be uniform throughout the United States : 

2. To borrow money on the credit of the United States : 

3. To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes : 

4. To establish a uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies throughout the 
United States : 

5. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures : 

6. To provide for the punishment of counterfeiting the se- 
curities and current coin of the United States : 

7. To establish postf offices and post roads : 

8. To promote the progress of science and useful arts, by 
securing, for limited times, to authors and inventors, the ex- 
clusive right to their respective writings and discoveries : 

9. To constitute tribunals inferior to the Supreme Court : 

10. To define and punish piracies and felonies committed 
on the high seas, and offences against the law of nations : 

11. To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water : 

12. To raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two years : 

13. To provide and maintain a navy : 

14. To make rules for the government and regulation of the 
land and naval forces : 



124 * THE YOUNG CITIZEN^ MANUAL, 

15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions : 

16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States, reserving to the 
states respectively the appointment of the officers, and the au- 
thority of training the militia according to the discipline pre- 
scribed by Congress : 

17. To exercise exclusive legislation, in all cases whatso- 
ever, over such district (not exceeding ten miles square) as 
may, by session of particular states, and the acceptance of 
Congress, become the seat of government of the United States ; 
and to exercise like authority over all places purchased, by 
the consent of the legislature of the state in which the same 
shall be, for the erection of forts, magazines, arsenals, dock- 
yards, and other needful buildings : and 

18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the government of the 
United States, or in any department or officer thereof. 

Sec. IX. — 1. The migration or importation of such persons 
as any of the states now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the year one 
thousand eight hundred and eight ; but a tax or duty may be 
imposed on such importation, not exceeding ten dollars for 
each person. 

2. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in cases of rebellion or invasion, the 
public safety may require it. 

3. No bill of attainder, or ex post facto law, shall be passed. 

4. No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed 
to be taken. 

5. No tax , or duty shall be laid on articles exported from 
any state. 

6. No preference shall be given, by any regulation of com- 
merce or revenue, to the ports of one state over those of 
another; nor shall vessels bound to or from one state be 
obliged to enter, clear, or pay duties in another. 

7. No money shall be drawn from the treasury but in con- 



OR TEXT-BOOK ON GOVERNMENT. 125 

sequence of appropriations made by law ; and a regular state- 
ment and account of the receipts and expenditures of all pub- 
lic money shall be published from time to time. 

8. No title of nobility shall be granted by the United States, 
and no person holding any office of profit or trust under them 
shall, without the consent of the Congress, accept of any 
present, emolument, office, or title of any kind whatever, from 
any king, prince, or foreign state. 

Sec. X. — 1. No state shall enter into any treaty, alliance, 
or confederation ; grant letters of marque and reprisal ;• coin 
money ; emit bills of credit ; make anything but gold and silver 
coin a tender in payment of debts ; pass any bill of attainder, 
ex post facto law, or law impairing the obligation of contracts ; 
or grant any title of nobility. 

2. No state shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws ; and the 
net produce of all duties and imposts, laid by any state on im- 
ports or exports, shall be for the use of the treasury of the 
United States, and all such laws shall be subject to the revision 
and control of the Congress. No state shall, without the con- 
sent of Congress, lay any duty of tonnage, keep troops or ships 
of war in time ofpeace, enter into any agreement or. compact 
with another state, or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger as will 
not admit of delay. 

ARTICLE II. 

Section I. — 1. The executive power shall be vested in a 
President of the United States of America. He shall hold his 
office during the term of four years, and, together with the 
Vice-President, chosen for the same term, be elected as fol- 
lows : — 

2. Each state shall appoint, in such manner as the legisla- 
ture thereof may direct, a number of electors equal to the 
whole number of senators and representatives to which the 
state may be entitled in the Congress ; but no senator or rep- 
resentative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector. 



126 THE YOUNG CITIZEN'S MANUAL, 

[3. The electors shall meet in their respective states, and vote by bal- 
lot for two persons, of whom one, at least, shall not be an inhabitant of 
the same state with themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each; which list they 
6hall sign and certify, and transmit sealed to the seat of the government 
of the United States, directed to the president of the Senate. The pres- 
ident of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall be the 
president, if such number be a majority of the whole number of electors 
appointed; and if there be more than one who have such majority, and 
have an equal number of votes, then the House of Representatives shall 
immediately choose, by ballot, one of them for president ; and if no 
person have a majority, then, from the five highest on the list, the said 
house shall, in like manner, choose the president. But, in choosing the 
president, the votes shall be taken by states, the representation from 
each state having one vote; a quorum for this purpose shall consist of a 
member or members from two thirds of the states, and a majority of 
all the states shall be necessary to a choice. In every case, after the 
choice of the president, the person having the greatest number of votes 
of the electors shall be the vice-president. But, if there should remain 
two or more who have equal votes, the Senate shall choose from them, 
by ballot, the vice-president.] * 

4. The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes, 
which day shall be the same throughout the United States. 

5. No person, except a natural-born citizen, or a citizen of 
the United States at the time of the adoption of this Constitu- 
tion, shall be eligible to the office of president ; neither shall 
any person be eligible to that office who shall not have attained 
to the age of thirty-five years, and been fourteen years a resi- 
dent within the United States. 

6. In case of the removal of the president from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the vice- 
president ; and the Congress may, by law, provide for the case 
of removal, death, resignation, or inability, both of the presi- 
dent and vice-president, declaring what officer shall then act 
as president ; and such officer shall act accordingly, until the 
disability be removed, or a president shall be elected. 

7. The president shall, at stated times, receive for his ser- 
vices a compensation, which shall neither be increased nor 
diminished during the period for which he shall have been 
elected ; and he shall not receive within that period any other 
emolument from the United States, or any of them. 

* This Ins boon changed by Article X1T. of the Amendments. 



OR TEXT-BOOK ON GOVERNMENT. 127 

8. Before he enter on the execution of his office, he shall 
take the following oath or affirmation : — 

" I do solemnly swear (or affirm) that I will faithfully exe- 
cute the office of President of the United States, and will, to 
the best of my ability, preserve, protect, and defend the Con- 
stitution of the United States." 

Sec. II. — 1. The president shall- be commander-in-chief of 
the army and navy of the United States, and of the militia of 
the several states, when called into the actual service of the 
.United States. He may require the opinion, in writing, of the 
principal officer, in each of the executive departments, upcn 
any subject relating to the duties of their respective offices ; 
and he shall have power to grant reprieves and pardons for 
offences against the United States, except in cases of im- 
peachment. 

2. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two thirds of the 
senators present concur ; and he shall nominate, and by and 
with the advice and consent of the Senate shall appoint, am- 
bassadors, other public ministers and consuls, judges of the 
Supreme Court, and all other officers of the United States 
whose appointments are not herein otherwise provided for, and 
which shall be established by law. But the Congress may, by 
law, vest the appointment of such inferior officers as they think 
proper in the president alone, in the courts of law, or in the 
heads of departments. 

3. The president shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting 
commissions which shall expire at the end of their next session. 

Sec. III. — 1. He shall, from time to time, give to the Con- 
gress information of the state of the Union, and recommend 
to their consideration such measures as he shall judge neces- 
sary and expedient. He may, on extraordinary occasions, con- 
vene both houses, or either of them ; and in case of disagree- 
ment between them with respect to the time of adjournment, 
he may adjourn them to such time as he shall think proper. 
He shall receive ambassadors and other public ministers. He 
shall take care that the laws be faithfully executed ; and shall 
commission all the officers of the United States. 

Sec. IV. — 1. The president, vice-president, and all civil 



128 XHB YOUVG CITIZZv's MAXUAL, 

officers of the United States, snail be removed from office on 

i—Zi -'-'--— t" ::r. cr.i ::-~i :::::: ;:. ::;:.«:::. : ;ri";:r7. :r :±;r 
high crimes and misdemeanors.* 

ARTICLE III. 

Sir-nos I. — 1. The judicial power of the United States 
shall be rested in one Supreme Court, and in such interior 
courts as the Congress may, from time to. time, ordain and 
establish. The judges, both of the supreme and interior* 
courts, shall hold their offices during good behavior; and 
shall, at stated times, receive for their services a compensation 
•which shall not be diminished during their continuance in office. 

Sec. LI. — 1. The judicial power shall extend to all cases 
in law and equity arising under this Constitution, the laws of 
the United States, and treaties made, or which shall be made, 
under their authority : to all cases affecting ambassadors, other 
public ministers, and consuls; to all cases of admiralty and 
maritime jurisdiction; to controversies to which the United 
a shall be a party ; to controversies between two or more 
states ; between a state and citizens of another state ; between 
citizens of different states : between citizens of the same state 
claiming lands under grants of different states ; and between a 
state, or the citizens thereof, and foreign states, citizens, or 
subjects. 

2. In all cases affecting ambassadors, other public minis- 
ters, and consuls, and those in which a state shall be a party, 
the Supreme Court shall have original jurisdiction. In all the 
other cases before mentioned, the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, with such ex- 
ceptions, and under such regulations, as the Congress shall 
make. 

3. The trial of all crimes, except in cases of impeachment, 
shall be by jury, and such trial shall be held in the state where 
the said crimes shall have been committed; but when not 
committed within any state, the trial shall be at such place or 
places as the Congress may by law have directed. 

Sec. III. — 1. Treason against the United States shall con- 



OE TEXT-BOOK ON GOVEENMENT. 129 

sist only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be 
convicted of treason, unless on the testimony of two witnesses 
to the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the pun- 
ishment of treason; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of the 
person attainted. 

ARTICLE IV. 

Section I. — 1. Full faith and credit shall be given in each 
state to the public acts, records, and judicial proceedings of 
every other state. And the Congress may, by general laws, 
prescribe the manner in which such acts, records, and pro- 
ceedings shall be proved, and the effect thereof. 

Sec. II. — 1. The citizens of each state shall be entitled to 
all privileges and immunities of citizens in the several states. 

2. A person charged in any state with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another state, shall, on demand of the executive authority of 
the state from which he fled, be delivered up, to be removed 
to the state having jurisdiction of the crime. 

3. No person held to service or labor in one state, under 
the laws thereof, escaping into another, shall, in consequence 
of any law or regulation therein, be discharged from such 
service or labor; but shall be delivered up on claim of the 
party to whom such service or labor may be due. 

Sec. III. — 1. New states may be admitted by the Congress 
into this Union ; but no new state shall be formed or erected 
within the jurisdiction of any other state, nor any state be 
formed by the junction of two or more states, or parts of 
states, without the consent of the legislatures of the states 
concerned, as well as of the Congress, 

2, The Congress shall have power to dispose of, and make 
all needful rules and regulations respecting, the territory or 
other property belonging to the United States ; and nothing in 
this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular state. 
9 



130 THE YOUNG CITIZEN'S MANUAL, 

5zc. IT. — 1. The United States shall guarantee to every 
state in this Union a republican form of government, and shall 
protect each of them against invasion ; and, on application of 
the legislature, or of the executive (when the legislature can- 
not be convened), against domestic violence. 

ARTICLE V. 
1. The Congress, -whenever two thirds of both houses- shall 
deem it necessary, shall propose amendments to this Constitu- 
tion ; or, on the application of the legislatures of two thirds of 
:_e =:-Teral states, shall call a convention for proposing amend- 
ments, -which, in either case, shall be valid, to all intents and 
purposes, as part of this Constitution, when ratified by the 
legislatures of three fourths of the several states, or by con- 
ventions in three fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress; provided 
that no amendment which may be made prior to the year one 
thousand eight hundred and eight shall in any manner affect 
the first and fourth clauses in the ninth section of the first 
article : and that no state, without its consent^ shall be deprived 
of its equal suffrage in the Senate. 

AETICLE VI. 

1 . All debts contracted and engagements entered into before 
the adoption of this Constitution, shall be as valid against the 
United States under this Constitution as under the Confederation. 

2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the United 
States, shall be the supreme law of the land ; and the judges 
in every state shall be bound thereby, anything in the Consti- 
tution or laws of any state to the contrary notwithstanding. 

3. The senators and representatives before mentioned, and 
the members of the several state legislatures, and all execu- 
tive and judicial officers, both of the United States and of the 
several states, shall be bound by oath or affirmation to support 
this Constitution ; but no religious test shall ever be required 
as a qualification to aDy office or public trust under the B 
States. 



OR TEXT-BOOK ON GOVERNMENT. 



131 



ARTICLE VII. 

1. The ratification of the conventions of nine states shall be 
sufficient for the establishment of this Constitution between the 
states so ratifying the same. 

Done in convention, by the unanimous consent of the states 
present, the seventeenth day of September, in the year of 
our Lord one thousand seven hundred and eighty-seven, 
and of the independence of the United States of America 
the twelfth. In witness whereof we have hereunto sub- 
scribed our names. 

GEO. WASHINGTON, 
President, and Deputy from Virginia. 



NEW HAMPSHIRE. 

John Langdon, 
Nicholas Gilman. 

MASSACHUSETTS. 

Nathaniel Gorham, 
Eufus King. 

CONNECTICUT. 

Wm. Saml. Johnson, 
Eoger Sherman. 

NEW YORK. 

Alexander Hamilton. 

NEW JERSEY. 

Wm. Livingston, 
David Brearley, 
Wm. Paterson, 
Jona. Dayton. 

PENNSYLVANIA. 

B. Franklin, 
Thomas Mifflin, 
Robt. Morris, 
Geo. Clymer, 
Thomas Eitzsimons, 
Jared Ingersoll, 
James Wilson, 
Gouv. Morris. 

Attest : 



DELAWARE. 

Geo. Read, 

Gunning Bedford, Jr., 
John Dickinson, 
Richard Bassett, 
Jacob Broom. 

MARYLAND. 

James M'Henry, 

Danl. of St. Thos. Jenifer, 

Danl. Carroll. 

VIRGINIA. 

John Blair, 
James Madison, Jr. 

NORTH CAROLINA. 

Wm. Blount, 

Rich'd Dobbs Spaight, 

Hu. Williamson. 

SOUTH CAROLINA. 

J. Rutledge, 

Charles Cotesworth Pinckney, 

Charles Pinckney, 

Pierce "Butler. 

GEORGIA. 

William Eew, 
Abr. Baldwin. 

William Jackson, Secretary. 



132 THZ T.7>"7- CZTIZEy's ILLyTAL, 



AMENDMENTS TO THE COX- 111771 OX. 

Article I. Congress shall make no law respecting an es- 
tablishment of religion, or prohibiting the free exercise there- 
of; or abridging the freedom of speech or of the press ; or the 
right of the people peaceably to assemble, and to petition the 
government for a redress of grievances. 

Art. H. A veil-regulated militia being necessary to the se- 
curity of a free state, the right of the people to keep and bear 
arms shall not be infringed. 

Asx. HL No soldier shall, in tone of peace, be quartered 
in any house without the consent of the owner, nor in time 
of war, but in a manner to be prescribed by law. 

Art. IV. The right of toe people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated ; and no warrants shall issue 
but upon probable cause, supported by oath or affirmation, 
and particularly describing toe place to be searched, and the 
persons or things to be seized. 

Art. V. B o person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or indict- 
ment of a grand jury, except in cases arising in the land or 
naval forces, or in the miii*^ when in actual service in time 
of war or public danger; nor shall any person 'be subject for 
toe same offence to be twice put in jeopardy of life or limb ; 
nor shall be compelled, in any criminal case, to be a witness 
against himself; nor be deprived of life, liberty, or property, 
without due process of law; nor shall private property be 
taken for public use, without just compensation. 

Art. VI. In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an impartial 
jury of the state and district wherein the crime shall have been 
committed, winch district shall have been previously ascer- 
tained by law; and to be informed of toe nature and cause of 
toe accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnes- 



OR TEXT-BOOK ON GOVERNMENT. 133 

his favor; and to have the assistance of counsel for his de- 
fence. 

Art. VII. In suits at common law, where the value in con- 
troversy shall exceed twenty dollars, the right of trial by jury 
shall be preserved ; and no fact tried by a jury shall be other- 
wise reexamined in any court of the United States, than ac- 
cording to the rules of the common law. 

Art. VIII. Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punishments in- 
flicted. 

Art. IX. The enumeration in the Constitution of certain 
rights, shall not be construed to deny or disparage others re- 
tained by the people. 

Art. X. The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the states, are reserved 
to the states respectively, or to the people. 

Art. XI. The judicial power of the United States shall not 
be construed to extend to any suit in law or equity commenced 
or prosecuted against one of the United States by citizens of 
another state, or by citizens or subjects of any foreign state. 

Art. XII. The electors shall meet in their respective states, 
and vote by ballot for president and vice-president, one of 
whom, at least, shall not be an inhabitant of the same state 
with themselves. They shall name in their ballots the person 
voted for as president, and in distinct ballots the person voted 
for as vice-president; and they shall make distinct lists 
of all persons voted for as president, and of all persons voted 
for as vice-president, and of the number of votes for each ; 
which lists they shall sign and certify, and transmit, sealed, to 
the seat of the government of the United States, directed to 
the president of the Senate. The president of the Senate shall, 
in the presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes for president, 
shall be the president, if such number be a majority of the 
whole number of electors appointed ; and if no person have 
such majority, then from the persons having the highest num- 



134 THE YOUNG CITIZEN'S MANUAL. 

befs, not exceeding three, on the list of those voted for as 
president, the House of Representatives shall choose immedi- 
ately, by ballot, the president. But, in choosing the president, 
the votes shall be taken by states, the representation from 
each state having one vote ; a quorum for this purpose shall 
consist of a member or members from tvro thirds of the states, 
and a majority of all the states shall be necessary to a choice. 
And if the House of Representatives shall not choose a presi- 
dent, whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the vice- 
president shall act as president, as in the case of the death or 
other constitutional disability of the president. The person 
having the greatest number of votes as vice-president shall be 
the vice-president, if such number be a majority of the whole 
number of electors appointed ; and if no person have a major- 
ity, then from the two highest numbers on the list the Senate 
shall choose the vice-president. A quorum for the purpose shall 
consist of two thirds of the whole number of senators, and a 
majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of presi- 
dent shall be eligible to that of vice-president of the United 
States. 

Art. XIII. — Sec. I. Neither slavery nor involuntary ser- 
vitude, except as a punishment for crime, whereof the party 
shall have been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

Sec. II. Congress shall have power to enforce this article 
by appropriate legislation. 



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